Sponsor Boost Subscription Agreement
This agreement governs paid Boost and Boost Pro subscriptions. It supplements Carpe's general Terms of Service and Privacy Policy. Where this agreement conflicts with the general Terms of Service with respect to a paid Subscription Plan, this agreement controls.
1. Parties and acceptance
This Sponsor Boost Subscription Agreement is entered into between Carpe App LLC, a Florida limited liability company ("Carpe," "we"), and the business or person identified during account creation and checkout ("Sponsor," "you"). By clicking "I agree" at checkout, by submitting a payment for a Subscription Plan, or by using the Business Portal in a paid capacity, you agree to be bound by this agreement, by Carpe's Terms of Service, and by Carpe's Privacy Policy. If you are subscribing on behalf of a business, you represent that you have authority to bind that business.
2. The service
Subject to your payment of all applicable fees, Carpe grants you a limited, non-exclusive, revocable license, for as long as your subscription is active, to (a) associate your account with one Listing per active subscription through the Claim process, (b) receive the Boost multiplier and features described for the selected plan at the time of purchase, and (c) access analytics and management tools in the Business Portal.
Each active subscription Boosts one (1) Listing. To Boost additional Listings, purchase additional subscriptions.
We do not guarantee any specific level of visibility, impressions, clicks, reservations, foot traffic, or revenue. The Boost multiplier affects the probability of your Listing being selected in Carpe's spin mechanic; it does not guarantee selection or any downstream user action.
3. Claims and revocation
Each time you submit a Claim, you represent and warrant that (a) you are the owner of the underlying business or an officer, employee, franchisee, or agent with actual authority to act on its behalf; (b) the information you provide is true, accurate, and not misleading; (c) your Claim does not infringe any third party's trademark, trade name, or other legal right; and (d) your Claim does not violate any agreement you have with any third party, including any franchise or exclusive-marketing arrangement.
Carpe may verify Claims at any time and may suspend, revoke, or reject any Claim, or terminate this agreement, at any time in our sole discretion, with or without cause and with or without notice. Revocation does not by itself entitle you to a refund, but if we revoke a Claim other than on account of your breach, we will refund a pro-rata portion of the fee paid for the then-current billing period as your sole and exclusive remedy.
A subscription is not an endorsement, partnership, or exclusive arrangement.
4. Fees, billing, automatic renewal
Fees are as posted on carpe-app.com at the time of purchase ($49/month for Boost, $149/month for Boost Pro as of the effective date) and exclude applicable taxes, which we will add where required.
Automatic renewal. Your subscription will automatically renew at the end of each monthly billing period for another month at the then-current rate, unless you cancel before the period ends. You authorize Carpe and Stripe to charge your payment method on a recurring monthly basis until you cancel.
Payments are processed by Stripe. Carpe does not store full payment-card numbers.
5. Cancellation and refunds
You may cancel at any time by (a) clicking "Manage Subscription" in the Business Portal (which opens Stripe's customer portal where you may cancel with a single click) or (b) emailing business@carpe-app.com from the email on file. Cancellation takes effect at the end of the current billing period. You retain access through that date. We do not prorate mid-period cancellations.
Fees already paid are non-refundable except as expressly provided in Section 3 or as required by applicable law.
6. Price changes and changes to this agreement
We may change fees, features, or the terms of this agreement from time to time. For material changes we will give at least 30 days' advance notice by email to the address on file. If you do not agree, your sole remedy is to cancel before the new terms take effect. Continued use after the effective date constitutes acceptance.
7. Your content
You retain ownership of any text, photos, logos, descriptions, or other materials you provide ("Sponsor Content"). You grant Carpe a worldwide, royalty-free, non-exclusive, sublicensable license to host, reproduce, display, and distribute Sponsor Content to operate and promote the Carpe Platform. You represent and warrant that you have the rights necessary to grant this license and that your content does not infringe anyone's rights or contain unlawful material.
8. Our platform
The Carpe Platform, the Carpe name and ✦ mark, the Boost and Boost Pro product names, the spin-mechanic interface, the directory and its compilation, and all related intellectual-property rights are owned by Carpe. You may not copy, modify, reverse-engineer, scrape the directory, or use any of our branding without our written permission.
9. Disclaimers
The Carpe Platform is provided "as is" and "as available." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and accuracy. We do not warrant that the service will be uninterrupted, error-free, or secure.
10. Indemnification
You will defend and indemnify Carpe and its members, officers, employees, and agents from any third-party claim arising out of (a) your breach of this agreement, (b) any Claim you submit or Sponsor Content you provide, (c) your business, products, services, or operations, or (d) your violation of applicable law.
Carpe will defend you from a third-party claim that the Carpe Platform, as provided by us and used under this agreement, infringes a U.S. patent, copyright, or registered trademark, except where the claim arises from your content or Claims, modifications you make, or combinations with materials we don't provide.
11. Limitation of liability
Except for your payment obligations, the indemnities in Section 10, breaches of confidentiality, or a Party's gross negligence, willful misconduct, or fraud:
Neither Party is liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, revenue, or data, arising out of or relating to this agreement.
Each Party's total aggregate liability will not exceed the greater of (a) the fees paid or payable by you to Carpe in the 12 months preceding the event giving rise to the liability or (b) $500.
12. Dispute resolution
Before filing any formal claim, the Parties will first try to resolve any dispute informally by written notice and 30 days of good-faith discussion.
If informal resolution fails, disputes will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, in Volusia County, Florida, or by videoconference at the claimant's election. Judgment on the award may be entered in any court of competent jurisdiction. Either Party may bring claims in small-claims court or seek emergency injunctive relief in court.
Disputes will be resolved only on an individual basis and not as part of any class or representative proceeding. Each Party waives the right to a jury trial.
13. Governing law
This agreement is governed by the laws of the State of Florida, without regard to conflict-of-laws principles. Subject to Section 12, the Parties consent to the exclusive jurisdiction of the state and federal courts in Volusia County, Florida for any action not subject to arbitration.
14. Miscellaneous
This agreement, together with Carpe's Terms of Service and Privacy Policy, is the entire agreement between the Parties on its subject matter. You may not assign this agreement without our consent. We may assign it in a merger, acquisition, or sale of substantially all our assets. If any provision is held invalid, it will be modified to the minimum extent necessary to make it enforceable. Section headings are for convenience only.
15. California residents — automatic renewal
If your billing address or place of residence is in California, the following applies in addition to the rest of this agreement:
- Your subscription will automatically renew every month at the then-current rate (currently $49/month for Boost, $149/month for Boost Pro, plus applicable taxes) until you cancel.
- You may cancel at any time by clicking "Manage Subscription" in the Business Portal, which opens Stripe's customer portal where you may cancel with a single click. You may also email business@carpe-app.com. Cancellation takes effect at the end of your current billing period.
- At the time you subscribed, these automatic-renewal terms were presented to you clearly and you gave affirmative consent to them separately from any other portion of this agreement.
- We will provide at least 30 days' advance notice of any material fee increase and will obtain your affirmative consent before charging the new fee to the extent required by California Business and Professions Code §§ 17600–17606.
16. Contact
Questions about this agreement? Email business@carpe-app.com.