Terms of Service for Downtown Vibes

Effective Date: May 5, 2026 Last Updated: May 5, 2026

These Terms of Service ("Terms") form a binding legal agreement between you ("you" or "User") and Potions And Familiars LLC, a Missouri limited liability company ("Potions And Familiars," "we," "us," or "our"), governing your use of the Downtown Vibes mobile application ("Downtown Vibes" or the "App") and any related websites, services, or features we provide (collectively, the "Service").

By downloading, installing, accessing, or using Downtown Vibes, you agree to these Terms and to our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, do not use the Service.

1. The Service

Downtown Vibes is a hyperlocal community application for the City of St. Joseph, Missouri and surrounding regions. The Service allows:

Customers to browse local businesses, view events, leave Vibe Checks (short user reviews/check-ins), favorite businesses, and receive notifications about events, flash sales, and promotions.
Business Owners to claim or create a business listing, place a pin on the map (where eligible), post events and announcements, run flash sales, and engage with customers.
Cyber Press accounts to publish curated event content to the Events Board without operating a fixed business location.
Community Pin (Founding Member) participants — a curated, free tier offered by invitation or application to a limited number of qualifying businesses in exchange for marketing partnership.

The features available to you depend on the tier of your account. Tier and pricing details are described in Section 5 (Subscriptions) below.

2. Eligibility

You must be at least 13 years old to use Downtown Vibes. If you are between 13 and 18 (or the age of majority in your jurisdiction), you may use the Service only with the consent and supervision of a parent or legal guardian who has read and agreed to these Terms on your behalf.

To create a Business Owner account, you must:

Be at least 18 years of age;
Have legal authority to act on behalf of the business you list;
Operate a legitimate, lawful business;
Provide accurate business information; and
Comply with all applicable laws, including business licensing, tax, and consumer-protection laws.

The Service is currently designed for users in the United States. Use outside the United States is at your own risk and may be subject to local laws we do not address.

3. Your Account

To use most features of Downtown Vibes, you must create an account. You can register using email and password or through Sign in with Apple or Sign in with Google.

You agree to:

Provide accurate, current, and complete information;
Maintain and update your account information;
Keep your password and credentials confidential;
Notify us immediately at support@potionsandfamiliars.com of any unauthorized use of your account; and
Be responsible for all activity that occurs under your account.

You may not transfer, sell, or share your account with anyone else. We may suspend or terminate accounts that we reasonably believe have been compromised or that violate these Terms.

You may delete your account at any time from within the App (Account → Delete Account). Account deletion is described further in our Privacy Policy and is honored regardless of subscription status, though it does not entitle you to a refund of any fees already paid except as required by applicable law or platform policy.

4. License to Use the App

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use Downtown Vibes on a device that you own or control, solely for your personal or internal-business use.

You may not:

Copy, modify, reverse-engineer, decompile, disassemble, or create derivative works of the App, except to the extent applicable law expressly permits;
Rent, lease, sell, sublicense, or otherwise commercialize the App or its content (other than through the use of features we provide for that purpose);
Use the App or any data obtained from it to build a competing product, service, or dataset;
Scrape, harvest, or extract data from the App by automated or manual means without our express written permission;
Interfere with the operation of the Service, including bypassing security measures or rate limits;
Use the Service in violation of any law, regulation, or third-party right; or
Use the Service in a way that could reasonably be expected to harm Potions And Familiars, our users, or any third party.

We reserve all rights not expressly granted to you in these Terms. The App, the Downtown Vibes name, logos, design, and all related intellectual property are owned by Potions And Familiars or our licensors and are protected by United States and international copyright, trademark, and other laws.

5. Subscriptions, Auto-Renewal, Free Trials, Cancellation, and Refunds

Some features of Downtown Vibes are offered as paid auto-renewing subscriptions sold through the Apple App Store or Google Play.

5.1 Available subscription tiers

Tier

Monthly Price (USD)

What you get

Single Pin

$9.99/month

One business listing on the Downtown Vibes map, full Events Board access, post composer, flash sales, pin movement, pin lock, redemption analytics

Dual Pin (Pro)

$14.99/month

Two business listings on the map (e.g., a brick-and-mortar plus a food truck), all Single Pin features for both pins

Cyber Press

$4.99/month

Publishing access to the Events Board as a non-pin event publisher; no map pin; ideal for event production companies, regional curators, and venues without a fixed storefront

Each paid tier currently includes a 3-month free trial for new subscribers. The trial converts automatically to a paid subscription unless cancelled before the trial ends.

A separate Community Pin (Founding Member) tier is offered free of charge to a limited number of qualifying small businesses in exchange for a marketing-partnership exchange (the venue agrees to host Downtown Vibes promotional material). Community Pin is offered by application and approval; it is not a subscription and Section 5 (other than the conduct provisions) does not apply to it.

Pricing, available tiers, and feature inclusions may change. We will provide notice of material changes through the App or by email before they apply to you.

5.2 Apple App Store subscriptions (iOS users)

Payment will be charged to your Apple ID account at confirmation of purchase.

Subscriptions automatically renew for the same period (one month) unless auto-renew is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the price of the selected subscription tier.

You may manage and cancel your subscription by going to Settings → [Your Apple ID] → Subscriptions on your iOS device after purchase. Cancellation will take effect at the end of the current billing period; you will retain access to paid features until that period ends.

Free trials: any unused portion of a free trial period will be forfeited when you purchase a subscription where applicable.

5.3 Google Play subscriptions (Android users)

Payment will be charged to your Google Play account at confirmation of purchase.

Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the end of the period. Your Google Play account will be charged for renewal within 24 hours prior to the end of the current period at the price of the selected subscription tier.

You may manage and cancel your subscription by opening the Google Play app, tapping your profile icon → Payments and subscriptions → Subscriptions. Cancellation will take effect at the end of the current billing period.

5.4 Refunds

Refunds for App Store purchases are governed by Apple's policies: https://support.apple.com/en-us/HT204084.

Refunds for Google Play purchases are governed by Google Play's policies: https://support.google.com/googleplay/answer/2479637.

Potions And Familiars does not separately process refunds for subscriptions purchased through Apple or Google. Where required by law (including the California Automatic Renewal Law) we will honor refund requests submitted to support@potionsandfamiliars.com within the time periods that law requires; we will work with you and the relevant platform to issue any required refund.

5.5 Price changes

If we change the price of a subscription, we will notify you in advance through the App, by email, or as otherwise required by Apple or Google. Price changes become effective on your next renewal after the notice period; if you do not agree, you may cancel before the change takes effect.

5.6 Promotional offers and trials

We may offer promotional pricing, extended trials, or other introductory offers. Eligibility for these offers is determined by us and by Apple or Google. Offers may not be combined unless we say so explicitly. We may modify or discontinue offers at any time.

6. User-Generated Content

Downtown Vibes lets you submit, post, or share content. This content includes — without limitation — Vibe Checks, business profile information, posts, event listings, images, comments, ratings, replies, and any other content you submit (collectively, "User Content").

6.1 Your responsibility for your content

You are solely responsible for your User Content and for any consequences of posting it. You represent and warrant that:

You own your User Content or have all rights necessary to submit it;
Your User Content does not infringe or violate the rights of any third party (including copyright, trademark, privacy, publicity, or contract rights);
Your User Content complies with these Terms and all applicable laws; and
For Business Owner content specifically — the business is real, operates lawfully, and you have authority to represent it.

We do not endorse User Content and are not responsible for it. Reliance on User Content is at your own risk.

6.2 License you grant us

By submitting User Content to Downtown Vibes, you grant Potions And Familiars a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable license to host, store, reproduce, modify, create derivative works of (such as resizing or reformatting for display), publicly display, publicly perform, distribute, and otherwise use your User Content in connection with operating, providing, promoting, and improving the Service.

This license:

Lasts for as long as you keep your User Content on the Service, plus a reasonable period afterward to remove it from active systems and backups;
Survives termination only to the extent necessary for backup, archival, legal, or aggregate-analytics purposes;
Includes the right to display your User Content alongside advertising or promotional material; and
Does not transfer ownership of your User Content to us — you continue to own your content.

You also grant other Users a license to view and interact with your User Content within the Service as the Service ordinarily allows.

6.3 Prohibited content and conduct

You may not post or transmit User Content that:

Is illegal or promotes illegal activity;
Constitutes hate speech, harassment, threats, stalking, or incitement of violence based on race, ethnicity, national origin, religion, sex, gender, gender identity, sexual orientation, age, disability, or any other protected characteristic;
Is obscene, sexually explicit, or sexualizes minors in any way;
Promotes self-harm, suicide, or eating disorders;
Infringes intellectual-property rights, including copyright, trademark, trade secret, or right of publicity;
Violates someone's privacy, including by sharing personal data without consent;
Contains malware, viruses, or other harmful code;
Is fraudulent, deceptive, or misleading — including fake business listings, fake reviews, paid reviews not disclosed as such, or astroturfing;
Spams, bulk-advertises, or otherwise misuses the Service for unsolicited promotional purposes outside of the features we provide for promotion;
Impersonates another person, business, or organization;
Doxes, harasses, or intentionally identifies private individuals; or
Violates these Terms or any policy or guideline we publish for the Service.

We may remove any User Content for any reason or no reason, with or without notice. We may suspend or terminate the account of any user who repeatedly or seriously violates this section.

6.4 Reporting violations

If you encounter User Content that violates these Terms or applicable law, please report it through the in-app report function (where available) or by contacting support@potionsandfamiliars.com with:

A description of the content;
The location of the content within the App (business name, post type, approximate time);
The reason you believe it violates these Terms or applicable law; and
Your contact information.

We will review reports and take action we determine to be appropriate, which may include removing content, warning users, or suspending or terminating accounts. We are not obligated to act on every report and we are not a publisher of User Content for purposes of editorial responsibility.

6.5 Section 230 / interactive computer service

Downtown Vibes is an interactive computer service under 47 U.S.C. § 230. We are not the publisher or speaker of User Content and are protected by the immunities provided in Section 230. We may at our sole discretion act in good faith to restrict access to or remove material that we consider obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected, without losing the protections of Section 230.

7. Business Owner Specific Terms

If you operate a Business Owner account (Single Pin, Dual Pin, Cyber Press, or Community Pin), you also agree to the following:

7.1 Accuracy and authority

You confirm that the business you list operates lawfully and that you are authorized to act on its behalf. You agree to keep business information (name, address, hours, contact info, descriptions) reasonably accurate.

7.2 Pin location

For tiers that include a map pin: the latitude and longitude of your pin should reflect the actual location of your business. We may, in our sole discretion, remove or relocate pins that we determine are inaccurate, fraudulent, or in violation of these Terms.

7.3 Pin movement (food trucks, pop-ups, traveling vendors)

Some businesses use the pin-movement feature to reflect mobile operations. By moving your pin, you represent that the business is actually present at the new location during the period you indicate. You are responsible for keeping pin location accurate and for the consequences of misrepresenting it.

7.4 Flash Sales, redemption, and offers

If you publish flash sales or offers redeemable through the Service, you agree to honor those offers in good faith on the terms you publish. The Service tracks redemption counts; we are not responsible for fulfillment of offers, and any disputes between you and customers about an offer are between you and the customer.

7.5 Cyber Press accounts

Cyber Press accounts publish event and announcement content to the Events Board without operating a map pin. By using a Cyber Press account, you agree:

Events you publish will be real, scheduled events;
You have permission to publish information about the venues you reference;
You will not use Cyber Press to scrape, mirror, or republish event content from third-party platforms in violation of those platforms' terms or applicable law;
You will not impersonate event organizers, venues, or businesses; and
You will not use Cyber Press to drive traffic to scams, pyramid schemes, or other unlawful activities.

7.6 Chargebacks and disputes

Repeated chargebacks initiated against subscription charges, where we determine the chargebacks are not made in good faith, may result in account suspension or termination.

8. Privacy

Our collection and use of personal information in connection with the Service is described in our Privacy Policy. By using the Service, you acknowledge and agree to the practices described there.

If you wish to delete your data outside of the App, you can do so at our Data Deletion page or by contacting support@potionsandfamiliars.com.

9. Intellectual Property and DMCA

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

DMCA Agent: Dylan Leeson, c/o Potions And Familiars LLC
Email: support@potionsandfamiliars.com
Mailing Address: 4017 Pickett Road, Saint Joseph MO, 64503

Your notice must include all elements required by 17 U.S.C. § 512(c)(3), including:

A physical or electronic signature of the copyright owner or authorized agent;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing and information sufficient to locate it;
Your contact information (address, telephone, email);
A statement that you have a good-faith belief that use of the material is not authorized; and
A statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the owner.

We will respond to valid notices in accordance with the DMCA. We may terminate the accounts of users we determine to be repeat infringers.

10. Third-Party Services

Downtown Vibes uses third-party services and platforms, including:

Apple and Google Play (app distribution and subscription billing)
Supabase (database, authentication)
RevenueCat (subscription management)
Google Maps (location rendering)
Expo / Expo Push Notifications (push notifications)
Cloudflare (web infrastructure for our website)

Your use of those services is subject to those providers' terms and policies. We are not responsible for the actions, content, or terms of third-party services. Where you engage with a business through Downtown Vibes, your relationship with that business is between you and the business, not with us.

11. Apple-Specific Terms (iOS Users)

These additional terms apply if you obtained Downtown Vibes through the Apple App Store. They are required by Apple and supplement the rest of these Terms:

These Terms are between you and Potions And Familiars only, not with Apple. Apple is not responsible for the App or its content.
Your license to use the App on an iOS device is limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the Apple Media Services Terms and Conditions.
Apple has no obligation to provide maintenance or support for the App.
If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (where applicable) for the App. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
Potions And Familiars (not Apple) is responsible for addressing any claims by you or any third party relating to the App, including product liability, failure to conform to legal requirements, or consumer-protection claims.
Potions And Familiars (not Apple) is responsible for the investigation, defense, settlement, and discharge of any third-party intellectual-property claim related to the App.
You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist-supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY ABOUT:

THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY USER CONTENT, BUSINESS LISTING, EVENT, OFFER, OR INFORMATION ON THE SERVICE;
THE QUALITY, SAFETY, OR LEGALITY OF ANY GOODS OR SERVICES OFFERED BY ANY BUSINESS LISTED ON THE SERVICE; OR
THE CONDUCT OF ANY USER OR THIRD PARTY YOU INTERACT WITH THROUGH THE SERVICE.

YOUR RELIANCE ON THE SERVICE IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

IN NO EVENT WILL POTIONS AND FAMILIARS, ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNTS YOU HAVE PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

14. Indemnification

You agree to defend, indemnify, and hold harmless Potions And Familiars and its owners, members, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

Your access to or use of the Service;
Your User Content;
Your violation of these Terms;
Your violation of any third-party right, including intellectual-property, privacy, or publicity rights; or
Your violation of any applicable law.

We reserve the right 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.

15. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your account or your access to all or part of the Service at any time, with or without cause and with or without notice, including (without limitation) if we reasonably believe:

You have violated these Terms;
Your use of the Service creates legal exposure or operational risk for us or other users;
Your account has been compromised; or
We are required to do so by law, regulation, or platform policy.

Sections that by their nature should survive termination — including ownership provisions, license grants, disclaimers, limitations of liability, indemnification, and dispute-resolution terms — will survive.

16. Dispute Resolution and Governing Law

16.1 Informal resolution first

Before filing any formal claim, you agree to contact us at support@potionsandfamiliars.com and try in good faith to resolve the dispute informally for at least thirty (30) days.

16.2 Governing law

These Terms and any dispute arising out of or relating to them or to the Service are governed by the laws of the State of Missouri and applicable U.S. federal law, without regard to conflict-of-law principles.

16.3 Binding arbitration; class-action waiver

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or to the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, except as modified here. The arbitration will be held in Buchanan County, Missouri, or by remote means, at the arbitrator's discretion. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.

You and Potions And Familiars each waive the right to a trial by jury and the right to participate in a class action, class arbitration, or other representative proceeding. Disputes must be brought in your individual capacity, not as a plaintiff or class member in any purported class or representative action.

Carve-outs. Either party may bring a claim:

In small-claims court if the claim qualifies; or
In court to seek injunctive or other equitable relief for actual or threatened infringement, misappropriation, or violation of intellectual-property rights.

Opt-out. You may opt out of the arbitration agreement and class-action waiver in this Section 16.3 by sending written notice to support@potionsandfamiliars.com within 30 days of first accepting these Terms. Your notice must include your name, account email, and a clear statement that you opt out of arbitration.

16.4 Federal Arbitration Act

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

17. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you through the App, by email, or by posting an updated version on potionsandfamiliars.com/downtown-vibes-terms at least 14 days before the changes take effect (or such other notice period as the law requires).

If you continue to use the Service after the effective date of an updated version, you accept the updated Terms. If you do not agree, you must stop using the Service and may delete your account.

18. Miscellaneous

Entire agreement. These Terms (together with the Privacy Policy and any other policies referenced) are the entire agreement between you and Potions And Familiars regarding the Service.
Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force.
No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
Assignment. You may not assign these Terms or any rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
Headings. Section headings are for convenience and do not affect interpretation.
No agency. Nothing in these Terms creates a partnership, agency, joint venture, or employment relationship between you and Potions And Familiars.
Electronic communications. You consent to receive communications from us electronically (including notices about your account, the Service, and these Terms).

19. Contact Us

Questions about these Terms? Contact us:

Potions And Familiars LLC Email: support@potionsandfamiliars.com Web: potionsandfamiliars.com Mailing Address: 4017 Pickett Road, Saint Joseph MO, 64503