Josiah Eats App — Terms of Service

What’s covered in these Terms

These Terms of Service explain the relationship between you and Cafiero Media LLC when you use the Josiah Eats mobile application.

They explain:

what you can expect from Josiah Eats;
what we expect from you;
how accounts, subscriptions, advertising, and third-party services work;
the rules governing our content and software;
what happens if there is a problem with the Service; and
the legal terms governing our relationship.

Please read these Terms carefully.

1. Your Relationship With Josiah Eats

Thank you for using the Josiah Eats App (the “App” or “Service”).

The Service is provided by:

Cafiero Media LLC
3800 S Ocean Drive
Hollywood, Florida 33019
United States

In these Terms, “Josiah Eats,” “we,” “us,” and “our” refer to Cafiero Media LLC and its applicable affiliates.

These Terms form a binding agreement between you and us.

Our App Privacy Policy, available at:

https://josiaheats.com/app-privacy-policy

also applies to your use of the Service and explains how we collect, use, disclose, and protect information.

Additional terms presented for a particular feature, subscription, promotion, or service may also apply. If those additional terms conflict with these Terms regarding that specific feature, the additional terms will control for that feature.

By downloading, installing, accessing, or using the App, you agree to these Terms.

If you do not agree, do not use the Service.

2. Who May Use the Service

You must be at least 13 years old to use Josiah Eats.

If you are under 18, you must have permission from your parent or legal guardian to use the Service. Your parent or guardian should review these Terms with you.

If you are a parent or guardian who permits a minor to use Josiah Eats, you are responsible for that minor’s use of the Service to the extent permitted by law.

If you use the Service on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity to these Terms.

You may not use the Service if applicable law prohibits you from doing so.

Josiah Eats may feature restaurants that serve alcoholic beverages. The Service does not itself sell or facilitate the purchase of alcohol and is not intended to encourage underage drinking.

3. What You Can Expect From Josiah Eats

Josiah Eats is a curated restaurant-discovery service focused primarily on South Florida.

Depending on the features currently available, the App may allow you to:

discover restaurants;
browse restaurants on an interactive map;
search restaurants and dining information;
view curated restaurant profiles;
explore guides and lists;
discover dining events;
save restaurants;
create personal lists;
receive notifications;
access editorial recommendations and videos; and
use other restaurant-discovery features we introduce.

Some features may be available without an account, while others may require an account or paid subscription.

We continually develop and improve Josiah Eats. We may add, modify, limit, or remove features, content, or functionality.

If we make a material change that negatively affects your use of the Service, or discontinue a significant part of the Service, we will provide reasonable notice when practicable, except when immediate action is reasonably necessary for security, legal, fraud-prevention, technical, or operational reasons.

4. What We Expect From You

We give you permission to use Josiah Eats for your personal, non-commercial use as long as you comply with these Terms and applicable law.

You may not:

use the Service for an unlawful or fraudulent purpose;
attempt to gain unauthorized access to an account, server, database, network, or other system;
interfere with or disrupt the operation or security of the Service;
introduce malware, malicious code, or other harmful technology;
scrape, crawl, harvest, copy, or systematically extract data or Content using automated means without our written permission;
circumvent or interfere with subscription restrictions, security measures, access controls, or technological protections;
reverse engineer, decompile, disassemble, or attempt to derive source code from the App except where applicable law expressly permits it;
manipulate usage, engagement, advertising, or other metrics;
impersonate another person or misrepresent your affiliation with Josiah Eats;
remove or alter copyright, trademark, attribution, or other proprietary notices;
use Josiah Eats branding or Content in a way that falsely suggests sponsorship, affiliation, or endorsement;
resell, sublicense, commercially exploit, or redistribute the Service or its Content without our written permission; or
use the Service in a manner that could harm Josiah Eats, our users, restaurants, service providers, or other third parties.

We may take reasonable action to prevent abuse or protect the Service.

5. Accounts

You may use portions of Josiah Eats without creating an account.

An account may be required for features such as:

saving restaurants;
creating custom lists;
maintaining preferences;
viewing certain notification history; or
accessing other personalized features.

We may use third-party authentication providers to create and authenticate accounts.

We do not need to receive or store the password you use with an external authentication provider.

You are responsible for maintaining the security of your device, authentication credentials, and account.

If you believe someone has accessed your account without authorization, contact us promptly.

You must provide accurate information and may not impersonate another person.

6. Saved Restaurants and Personal Lists

Account holders may be able to save restaurants and create personal lists.

You are responsible for any names or information you add to your personal lists.

You may not use those features to create material that is unlawful, defamatory, infringing, threatening, obscene, or otherwise violates these Terms.

Josiah Eats does not currently operate as a public user-review platform. Restaurant recommendations, guides, editorial notes, and similar public-facing Content are selected or produced by Josiah Eats or its contributors.

7. Free Service, Advertising, and Sponsored Content
Free Service and advertising

The free version of Josiah Eats may display third-party advertising.

We currently use Google AdMob to serve advertising in the App.

Advertising may be personalized or non-personalized depending on applicable law, device settings, permissions, consent choices, and the settings made available by Google or your device platform.

Advertising providers may process certain information in connection with serving, securing, measuring, and personalizing advertisements.

Our App Privacy Policy explains these practices and your available privacy choices in greater detail.

On platforms where permission is required for certain forms of tracking, we will request that permission as required.

Ad-free subscriptions

Users with an active subscription that includes an ad-free benefit will not ordinarily see third-party advertising while that entitlement remains active.

Sponsored restaurant and event content

Separate from third-party advertising, some restaurants, events, placements, or other Content may be sponsored, featured, promoted, or paid for by a business.

Where required by applicable law or our policies, paid or sponsored Content will be identified appropriately.

Payment for promotional placement does not give a restaurant ownership of Josiah Eats or our editorial Content.

8. Subscriptions and Payments

Josiah Eats may offer optional auto-renewing subscriptions, including an ad-free or Premium subscription.

The specific benefits, billing period, price, and other terms of a subscription will be displayed before you purchase it.

The information presented at the time of purchase controls the specific subscription you choose.

Subscription benefits may include an ad-free experience and other recurring features or benefits described in the App.

Billing

Purchases made through the App are generally processed by the Apple App Store or Google Play, depending on your device and the purchasing method available to you.

We may use RevenueCat to manage subscription status and entitlements.

We do not receive or store your complete payment-card details for App Store or Google Play purchases.

Automatic renewal

Auto-renewing subscriptions continue until canceled.

Unless you cancel before the applicable renewal deadline, your subscription may renew automatically at the price then applicable to your subscription, subject to the terms of the applicable app store and applicable law.

Managing or canceling your subscription

You can manage or cancel an App Store or Google Play subscription through the account or subscription settings provided by the applicable store.

Cancellation generally stops future renewal and does not immediately remove access to benefits already paid for, subject to the applicable store’s terms and applicable law.

Price changes

Subscription prices may change.

When required, you will receive notice or be asked to consent to a price change according to applicable law and the policies of the applicable app store.

Refunds

App-store purchases and refund requests are generally governed and processed by Apple or Google under their applicable terms and refund policies.

Nothing in these Terms limits any refund or consumer right that applicable law requires.

Restoring purchases

Where supported, you may restore an eligible active subscription associated with your applicable Apple or Google account.

9. Push Notifications

If you grant permission, Josiah Eats may send push notifications regarding matters such as:

new restaurants;
guides;
events;
recommendations;
deals or promotions;
product updates; and
service announcements.

You may disable push notifications at any time through your device settings.

Where available, account holders may also be able to adjust notification preferences inside the App.

10. Location

The App may request access to your approximate location to help center the map or show restaurants near you.

Location access is optional.

The Service remains usable without granting location permission, although some location-based functionality may be limited.

Our handling of location information is described in our App Privacy Policy.

You can change or revoke location permission through your device settings.

11. Restaurant Information, Editorial Content, and Health Information

Josiah Eats provides restaurant-discovery and editorial information.

We make reasonable efforts to provide useful Content, but restaurant information changes frequently.

Information such as:

operating hours;
menus;
prices;
restaurant locations;
availability;
reservation availability;
event information;
ingredients; and
other restaurant details

may become outdated, incomplete, or inaccurate.

You should verify important information directly with the restaurant or relevant third-party service before relying on it.

Food allergies, dietary restrictions, and health information

Josiah Eats is a restaurant-discovery service and does not provide medical, dietary, nutritional, allergy, or other professional health advice.

Restaurants control their own ingredients, recipes, preparation methods, kitchens, and food-handling practices.

We do not guarantee that any food is free from allergens, cross-contamination, or particular ingredients.

If you have an allergy, intolerance, medical condition, dietary restriction, religious restriction, or other food-related concern, you should communicate directly with the restaurant before ordering or consuming food.

To the fullest extent permitted by law, your dining decisions remain your responsibility.

12. Content and Intellectual Property

The Service and Content provided by Josiah Eats—including our:

restaurant guides;
editorial recommendations;
lists;
descriptions;
notes;
text;
designs;
graphics;
photographs we own or license;
logos;
branding;
software; and
selection and organization of Content

are owned by Cafiero Media LLC or our licensors and are protected by applicable intellectual-property laws.

Restaurant names, logos, photographs, trademarks, videos, and other third-party material may belong to their respective owners.

Displaying third-party material for identification, editorial, informational, mapping, or other lawful purposes does not transfer ownership of that material to Josiah Eats.

Your license

As long as you comply with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the App for its intended purposes.

We retain all rights not expressly granted to you.

13. Software and Updates

The App is licensed to you, not sold.

We may release:

updates;
patches;
security improvements;
bug fixes;
new versions; or
new functionality.

Depending on your device and settings, updates may be downloaded or installed automatically.

Some functionality may require you to use a reasonably current version of the App.

The Service may include open-source software or software licensed under separate third-party terms. Those licenses govern the applicable components where they conflict with these Terms.

14. Third-Party Services

Josiah Eats integrates with or links to services operated by third parties.

These may include services relating to:

maps and directions;
restaurant reservations;
restaurant ordering;
menus;
event ticketing;
video;
authentication;
subscriptions;
advertising;
push notifications;
crash and error monitoring; and
other external services.

Examples may include Apple, Google, Google Maps, Apple Maps, Google AdMob, RevenueCat, Expo, Mux, Sentry, Resy, OpenTable, DoorDash, Uber Eats, Eventbrite, YouTube, and other providers.

We do not control these third-party services.

When you interact with a third-party service, that provider’s terms, privacy policies, pricing, availability, and practices apply.

Your reservations, purchases, orders, directions, or other transactions with third parties are between you and the applicable third party.

15. Privacy

Our App Privacy Policy explains:

what information we collect;
how we use it;
how advertising and analytics operate;
what information may be shared with service providers;
our data-retention practices;
your privacy choices; and
how to request account or data deletion.

You can read it at:

https://josiaheats.com/app-privacy-policy

We do not sell personal information for money.

Certain advertising-related disclosures to providers such as Google AdMob may, depending on applicable law and circumstances, be treated as “sharing” or a “sale” for purposes such as cross-context behavioral advertising.

Available choices and opt-out mechanisms are described in the App Privacy Policy.

16. Account and Data Deletion

You may stop using Josiah Eats at any time.

Where account deletion is available in the App, you may use that feature to request deletion of your account and associated account data.

You may also contact us regarding a valid privacy or deletion request.

Deletion may not affect information we are legally required or permitted to retain for purposes such as:

legal compliance;
security;
fraud prevention;
dispute resolution; or
enforcement of these Terms.

Additional information is provided in our App Privacy Policy.

17. Suspension and Termination

We may suspend, restrict, or terminate access to all or part of the Service if we reasonably believe:

you materially or repeatedly violate these Terms;
your activity threatens the security or integrity of the Service;
your activity creates or may create harm or legal liability;
suspension or termination is required by law or legal process; or
continued access presents a significant operational, fraud, or security risk.

When reasonable and legally permitted, we may provide notice explaining the action.

You may stop using the Service at any time.

Terms that by their nature should continue after termination—including intellectual-property, disclaimer, liability, dispute-resolution, and related provisions—will survive.

18. Disclaimers and Limitation of Liability
Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

WE DO NOT MAKE WARRANTIES THAT:

THE SERVICE WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE;
ALL RESTAURANT OR EVENT INFORMATION WILL BE ACCURATE OR CURRENT;
THE SERVICE WILL MEET EVERY USER’S NEEDS;
THIRD-PARTY SERVICES WILL REMAIN AVAILABLE; OR
EVERY ERROR OR SECURITY ISSUE WILL BE PREVENTED.

NOTHING IN THESE TERMS LIMITS WARRANTIES OR CONSUMER RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAFIERO MEDIA LLC AND ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES ARISING FROM OR RELATING TO THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

(A) THE AMOUNT YOU PAID TO US FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
(B) $25 USD.

THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED.

Some jurisdictions do not permit certain limitations of liability, so some of these provisions may not apply to you.

19. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Cafiero Media LLC and its members, officers, employees, contractors, and agents from third-party claims, liabilities, losses, damages, and reasonable legal expenses arising from:

your unlawful use of the Service;
your material violation of these Terms; or
your violation of another person’s rights.

This provision does not require you to indemnify us for matters for which indemnification cannot lawfully be required.

20. Copyright and Intellectual-Property Complaints

We respect intellectual-property rights.

If you believe material made available through Josiah Eats infringes copyright or another intellectual-property right, please contact us at:

josiah@josiaheats.com

Your notice should identify:

the protected work;
the material you believe infringes it;
where that material appears;
your contact information;
the basis for your claim; and
any other information reasonably necessary for us to evaluate the request.

We may remove or restrict access to material when we reasonably determine that doing so is appropriate or legally required.

Nothing in this section represents that Cafiero Media LLC has registered a statutory DMCA designated agent unless and until such registration has actually been completed.

21. Dispute Resolution, Arbitration, and Governing Law

Please read this section carefully. It affects your legal rights.

Governing law

Except where applicable consumer law requires otherwise, these Terms and disputes arising from them are governed by the laws of the State of Florida, without regard to conflict-of-law principles.

Informal dispute resolution

Before filing arbitration or litigation, you and Josiah Eats agree to make a reasonable effort to resolve the dispute informally.

A written notice should describe the issue and requested resolution and may be sent to:

josiah@josiaheats.com

or:

Cafiero Media LLC
3800 S Ocean Drive
Hollywood, FL 33019

The parties will attempt to resolve the matter informally for at least 60 days after receipt of the notice.

Individual arbitration

Except for the exceptions described below, unresolved disputes arising out of or relating to these Terms or the Service will be resolved through binding individual arbitration administered by the American Arbitration Association under its applicable consumer rules.

The Federal Arbitration Act governs this arbitration provision.

Exceptions

Either party may:

bring an eligible individual claim in small-claims court; or
seek appropriate court relief concerning actual or threatened infringement or misuse of intellectual-property rights.
No class proceedings

TO THE EXTENT PERMITTED BY LAW, YOU AND JOSIAH EATS AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION.

Jury waiver

TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL FOR CLAIMS SUBJECT TO THIS ARBITRATION PROVISION.

Opting out

You may opt out of this arbitration agreement by sending a clear written notice to:

josiah@josiaheats.com

within 30 days after you first become subject to these Terms.

Your notice should include your name, the email address associated with your account if applicable, and a statement that you are opting out of the arbitration provision in the Josiah Eats App Terms of Service.

Opting out of arbitration does not affect the remaining Terms.

Court venue

For claims not subject to arbitration, claims for which arbitration has been validly opted out, or claims where arbitration is legally unavailable, venue will be in the applicable state or federal courts located in Broward County, Florida, except where applicable consumer law requires otherwise.

22. Apple App Store Terms

If you downloaded the App through Apple’s App Store, you acknowledge that:

these Terms are between you and Cafiero Media LLC, not Apple;
Apple is not responsible for the App or its Content;
Apple has no obligation to provide maintenance or support for the App;
your use of the App must comply with applicable App Store rules;
Apple may have certain obligations regarding refunds or warranties as required by its applicable terms or law;
Cafiero Media LLC, rather than Apple, is responsible for addressing claims relating to the App to the extent required by applicable law; and
Apple and its subsidiaries are intended third-party beneficiaries of this section and may enforce applicable provisions against you.

Nothing here changes rights you have under Apple’s applicable terms or law.

23. Google Play Terms

If you obtained the App through Google Play, your use of the App is also subject to applicable Google Play terms and policies.

These Terms are between you and Cafiero Media LLC. Google is not responsible for operating or supporting Josiah Eats except as separately provided under Google’s own terms or applicable law.

24. Compliance With Law

You agree to comply with applicable laws when using Josiah Eats.

You may not use the Service in violation of applicable trade controls, sanctions, export restrictions, or other legal requirements.

Nothing in these Terms requires either party to take an action prohibited by law.

25. Changes to These Terms

We may update these Terms to reflect:

changes to Josiah Eats or its features;
changes to subscriptions or business practices;
legal or regulatory requirements;
security or operational needs; or
measures intended to prevent abuse or harm.

If a change is material and negatively affects your rights or use of the Service, we will provide reasonable advance notice when practicable.

Advance notice may not be possible for urgent security, legal, fraud-prevention, or operational changes.

The updated Terms will identify a new effective or “last updated” date.

If you do not agree to updated Terms, you should stop using the Service and, if applicable, cancel any subscription before its next renewal.

26. Other Legal Terms
Entire agreement

These Terms, the App Privacy Policy, and any applicable additional terms constitute the agreement between you and Cafiero Media LLC concerning the Service and supersede prior agreements concerning the same subject matter.

Consumer rights

Nothing in these Terms restricts rights that cannot lawfully be waived or limited.

Severability

If a provision of these Terms is held invalid or unenforceable, the remaining provisions remain effective.

No waiver

If we do not immediately enforce a provision, that does not waive our right to enforce it later.

Assignment

You may not assign your rights or obligations under these Terms without our consent.

We may assign these Terms in connection with a merger, acquisition, reorganization, financing, sale of assets, or similar transaction.

No unintended third-party beneficiaries

Except for Apple as specifically stated in Section 22, these Terms do not create enforceable rights for third parties merely because they may benefit from the Service.

Force majeure

To the extent permitted by law, we are not responsible for delays or failures caused by circumstances beyond our reasonable control.

Headings

Headings are provided for readability and do not change the meaning of these Terms.

Language

If these Terms are translated, the English-language version will govern to the extent permitted by applicable law if there is a conflict between versions.

27. Contact Us

Questions, privacy requests, legal notices, copyright complaints, or other inquiries regarding these Terms may be directed to:

Cafiero Media LLC
3800 S Ocean Drive
Hollywood, FL 33019
United States

Email: josiah@josiaheats.com