TERMS OF SERVICE
Welcome to FloorRequest. These Terms of Service (the "Terms") govern your access to and use of the FloorRequest platform, website at floorrequest.com, and related services (collectively, the "Service") provided by FloorRequest LLC, a Utah limited liability company ("FloorRequest," "we," "us," or "our").
BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
PLEASE READ SECTION 14 (DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER) CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS YOUR RIGHTS TO BRING CLASS ACTIONS.
1. THE SERVICE
1.1 What FloorRequest Does
FloorRequest is a software-as-a-service platform that allows live music venues, dance halls, DJs, and event operators (each, a "Venue") to collect song requests from their patrons and guests ("Guests") via QR code, and to integrate those requests with third-party music streaming services such as Spotify.
1.2 Two User Types
Venues are paying subscribers who create an account, configure their venue, and use the Service to manage song requests. Guests are individuals who scan a Venue's QR code and submit song requests without creating an account. These Terms apply to both, with provisions specific to each where noted.
1.3 Third-Party Services
The Service integrates with third-party services including Spotify, Stripe, and others. FloorRequest is not affiliated with, endorsed by, or sponsored by Spotify AB, Stripe, Inc., or any other third-party service provider. Your use of these services through FloorRequest is governed by their respective terms and policies, and you are responsible for complying with them.
2. ELIGIBILITY AND ACCOUNTS
2.1 Eligibility
To use the Service as a Venue, you must be at least 18 years old, have the legal capacity to enter into a binding contract, and not be barred from using the Service under applicable law. To submit song requests as a Guest, you must be at least 13 years old, or such higher minimum age as required by the laws and policies of the venue you are attending.
2.2 Venue Account Registration
Venues must register for an account by providing accurate, current, and complete information, including a valid email address and payment method. You agree to keep your account information up to date and to notify us promptly of any unauthorized use of your account.
2.3 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at legal@floorrequest.com if you suspect any unauthorized access or use of your account.
2.4 Business Use Only
The Service is intended for business use by Venues. You represent and warrant that you are using the Service for legitimate business purposes and not for personal, family, or household use.
3. SUBSCRIPTIONS, BILLING, AND PAYMENT
3.1 Subscription Plans
FloorRequest offers monthly and annual subscription plans, with pricing displayed on floorrequest.com. Subscription fees are due in advance and are non-refundable except as required by law or as expressly stated in these Terms.
3.2 Free Trial
We may offer a 14-day free trial to new Venues. Upon expiration of the free trial, your subscription will automatically begin at the rate selected at signup, billed to the payment method you provided, unless you cancel before the trial ends.
3.3 Automatic Renewal
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING CYCLE (monthly or annual) at the then-current rate, unless you cancel before the renewal date. You authorize FloorRequest to charge your payment method on file for each renewal period.
3.4 Cancellation
You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing cycle. You will retain access to the Service through the end of the paid period. We do not provide refunds for partial billing periods, except where required by law.
3.5 Payment Processing
All payments are processed by Stripe, Inc. By providing payment information, you authorize FloorRequest and Stripe to charge your payment method for all subscription fees and any applicable taxes. You represent that you are authorized to use the payment method provided.
3.6 Taxes
Subscription fees are exclusive of taxes unless otherwise stated. You are responsible for all applicable sales, use, value-added, or other taxes, except taxes based on FloorRequest's net income.
3.7 Price Changes
We may change subscription prices from time to time. For monthly subscribers, we will provide at least 30 days' advance notice of any price increase. For annual subscribers, we will provide at least 60 days' advance notice. The new price will apply to your next renewal period. If you do not agree to a price change, you may cancel your subscription before the new pricing takes effect.
3.8 Failed Payments
If a payment fails, we may suspend or terminate your access to the Service until payment is made. You remain responsible for all amounts due, including any associated fees.
4. LICENSE AND ACCEPTABLE USE
4.1 License to Use
Subject to your compliance with these Terms and payment of applicable fees, FloorRequest grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your business purposes during your subscription term.
4.2 Prohibited Conduct
You agree not to, and will not permit any third party to:
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service;
- Copy, modify, distribute, sell, resell, lease, or sublicense the Service;
- Use any robot, spider, scraper, or other automated means to access the Service;
- Interfere with or disrupt the integrity, security, or performance of the Service;
- Attempt to gain unauthorized access to the Service or related systems;
- Use the Service to transmit malware, viruses, or harmful code;
- Submit false, misleading, harassing, defamatory, obscene, or otherwise objectionable content;
- Impersonate any person or entity, or misrepresent your affiliation;
- Circumvent any usage limits, rate limits, or other restrictions on the Service;
- Use the Service in any manner that violates Spotify's or other third-party providers' terms of service or developer policies;
- Use the Service to facilitate illegal music distribution or any activity that infringes intellectual property rights.
4.3 Suspension and Termination for Violation
We may suspend or terminate your access to the Service, without notice, if we determine in our reasonable judgment that you have violated these Terms or applicable law.
5. VENUE RESPONSIBILITIES
5.1 Venue Content
You are solely responsible for all content, information, and data you submit to or generate through the Service, including venue information, branding, and song selections ("Venue Content"). You represent and warrant that you have all rights necessary to submit such content and that your use of the Service complies with all applicable laws.
5.2 Guest Interactions
You are responsible for moderating song requests submitted by Guests at your venue and for ensuring that any music played complies with applicable licensing requirements (such as ASCAP, BMI, SESAC, or similar performance rights organizations). FloorRequest does not provide music licensing.
5.3 Spotify Account Connection
To use the Spotify integration, you must connect your own Spotify account (or your venue's Spotify account) to the Service. You are responsible for complying with Spotify's terms of service and for maintaining your Spotify subscription. FloorRequest does not provide Spotify access.
5.4 Compliance with Laws
You are responsible for complying with all laws applicable to your venue and your use of the Service, including but not limited to data privacy laws, consumer protection laws, music licensing requirements, and alcohol service regulations where applicable.
6. INTELLECTUAL PROPERTY
6.1 FloorRequest Ownership
The Service, including all software, code, designs, logos, trademarks, content, and documentation, is owned by FloorRequest LLC and protected by intellectual property laws. Except for the limited license granted in Section 4.1, no rights are granted to you in the Service.
6.2 Your Content
You retain all rights to Venue Content you submit to the Service. By submitting Venue Content, you grant FloorRequest a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, modify, and display such content solely for the purpose of providing and improving the Service.
6.3 Feedback
If you provide feedback, suggestions, or ideas about the Service, you grant FloorRequest a perpetual, irrevocable, royalty-free license to use such feedback for any purpose, without compensation or attribution.
6.4 Aggregated and Anonymized Data
FloorRequest may collect, use, and share aggregated and anonymized data derived from use of the Service (such as song request trends across venues) for analytics, product improvement, and marketing purposes. Such data does not identify any individual user or venue.
7. PRIVACY
Our collection, use, and disclosure of personal information is governed by our Privacy Policy, available at floorrequest.com/privacy. By using the Service, you acknowledge and agree to our Privacy Policy.
8. THIRD-PARTY SERVICES
8.1 Spotify Integration
FloorRequest uses the Spotify Web API to enable song search, playlist management, and queue functionality. Your use of the Spotify integration is subject to Spotify's terms of service and developer policies. FloorRequest is not Spotify and does not control Spotify's services. Spotify may modify or discontinue its API at any time, which may affect the Service.
8.2 No Endorsement
References to third-party services or products are not endorsements. FloorRequest is not responsible for the availability, accuracy, content, products, or services of any third-party service.
9. SERVICE AVAILABILITY
9.1 No Uptime Guarantee
We strive to maintain a reliable Service but do not guarantee uninterrupted availability. The Service may be unavailable from time to time due to maintenance, updates, third-party service outages, or other factors. We are not liable for any unavailability.
9.2 Changes to the Service
We may modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will provide reasonable advance notice of material changes that adversely affect your use of the Service.
10. TERM AND TERMINATION
10.1 Term
These Terms apply from the time you first access the Service and continue until terminated as provided herein.
10.2 Termination by You
You may terminate your account at any time by canceling your subscription and ceasing use of the Service.
10.3 Termination by Us
We may suspend or terminate your access to the Service at any time, with or without cause, with reasonable notice where practicable. We may terminate immediately and without notice for breach of these Terms or for fraud, illegal activity, or risk to the Service or other users.
10.4 Effect of Termination
Upon termination: (a) your right to use the Service ends; (b) we may delete your account data after a reasonable retention period as described in our Privacy Policy; (c) provisions that by their nature should survive (including Sections 6, 11, 12, 13, 14, and 15) will survive termination.
11. DISCLAIMERS
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
FloorRequest does not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components. FloorRequest is not responsible for the actions of third-party services (including Spotify), for any music played at your venue, for the accuracy of song requests submitted by Guests, or for any disputes between Venues and Guests.
12. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FLOORREQUEST OR ITS OFFICERS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE.
FLOORREQUEST'S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO FLOORREQUEST IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply in full to you.
13. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless FloorRequest LLC and its officers, members, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of or access to the Service; (b) your violation of these Terms; (c) your violation of any law or the rights of any third party; (d) any Venue Content you submit; or (e) your relationship with Guests or other third parties.
14. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
14.1 Informal Resolution
Before filing any claim, you agree to first contact us at legal@floorrequest.com and attempt to resolve the dispute informally. If the dispute is not resolved within 30 days, either party may proceed to arbitration as set forth below.
14.2 Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") that is not resolved informally will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, or, at your option, by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration will be conducted in Salt Lake County, Utah, or by videoconference, with format determined by agreement of the parties or, failing agreement, by the arbitrator. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
14.3 Class Action Waiver
YOU AND FLOORREQUEST AGREE THAT ANY DISPUTE WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. If this class action waiver is found unenforceable, then the entirety of Section 14.2 (Binding Arbitration) will be null and void, but the rest of these Terms will remain in effect.
14.4 Small Claims Court Carve-Out
Notwithstanding the foregoing, either party may bring a claim in small claims court if the claim qualifies for small claims court jurisdiction.
14.5 Injunctive Relief Carve-Out
Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights or confidential information.
14.6 Right to Opt Out
You may opt out of this arbitration agreement by sending written notice to legal@floorrequest.com within 30 days of first accepting these Terms. Your notice must include your name, account information, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.
14.7 Governing Law and Venue
These Terms are governed by the laws of the State of Utah, without regard to its conflict of laws principles. For any matter not subject to arbitration, the exclusive venue is the state and federal courts located in Salt Lake County, Utah, and the parties consent to the personal jurisdiction of those courts.
15. GENERAL PROVISIONS
15.1 Changes to These Terms
We may update these Terms from time to time. We will post the updated Terms on floorrequest.com and update the "Last Updated" date above. For material changes, we will provide notice via email or in-product notification at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.
15.2 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and FloorRequest regarding the Service and supersede all prior agreements and understandings.
15.3 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.
15.4 No Waiver
Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.
15.5 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
15.6 Force Majeure
FloorRequest will not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, third-party service outages, or government actions.
15.7 Notices
We may provide notices to you by email, in-product notification, or by posting on floorrequest.com. You may provide notices to us by email at legal@floorrequest.com, or by mail to: FloorRequest LLC, 7533 S Center View Ct #5845, West Jordan, UT 84084.
15.8 Relationship of the Parties
Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and FloorRequest. Neither party has the authority to bind the other.
15.9 No Third-Party Beneficiaries
These Terms are for the benefit of you and FloorRequest and do not create rights for any third party.
16. CONTACT
If you have any questions about these Terms, please contact us at:
FloorRequest LLC
7533 S Center View Ct #5845
West Jordan, UT 84084
Email: legal@floorrequest.com
Website: floorrequest.com