Terms of Service

Please read these Terms of Service ("Terms") carefully before using the LocalVIP mobile application and website (collectively, the "Service") operated by LocalVIP ("Company," "we," "us," or "our"). By downloading, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Acceptance of Terms

By creating an account, downloading the LocalVIP app, or otherwise accessing the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are using the Service on behalf of a business, you represent that you have the authority to bind that business to these Terms.

2. Description of Service

LocalVIP is a community commerce platform that connects shoppers with local businesses and enables automatic donations to schools, nonprofits, and community causes. The platform provides:

• A free mobile app for consumers to discover local deals and earn cash back
• A business listing and transaction platform for local merchants
• An automatic donation mechanism for registered schools and nonprofit organizations
• A referral program that allows users to earn bonus cash by growing the LocalVIP community

3. Eligibility and Account Registration

You must be at least 18 years of age to create a LocalVIP account or participate in the referral program. The LocalVIP app may be downloaded and used for basic browsing by users 13 and older, however all financial features (cash back, bonus cash, referrals) require an account and are limited to users 18 and older.

You agree to provide accurate, current, and complete information when creating your account and to update that information as necessary. You are responsible for maintaining the security of your account credentials. You may not share your account with others or create multiple accounts for the purpose of earning additional referral bonuses.

4. For Shoppers: Cash Back and Bonus Cash

Cash Back

Cash back is a savings benefit offered directly by participating LocalVIP businesses. The cash back amount, terms, and availability are set by each individual business. LocalVIP does not guarantee any specific cash back amount or the continued participation of any business in the platform.

Cash back is credited to your LocalVIP wallet at the time a qualifying transaction is completed. Cash back is funded entirely by the participating business and is separate from any fees paid to LocalVIP.

Wallet and Withdrawals

• Cash back and bonus cash are held in your LocalVIP in-app wallet.
• Withdrawals of $25.00 or more are processed at no charge.
• Withdrawals of less than $25.00 are subject to a $1.00 processing fee.
• Withdrawals are processed via the payment method on file. Processing times vary by payment provider.
• LocalVIP reserves the right to withhold wallet disbursements pending fraud review.

5. Referral Program

LocalVIP operates a multi-level referral program that rewards users with bonus cash when people in their referral network make qualifying purchases through the LocalVIP app.

• Bonus cash is calculated based on qualifying transactions made by users you have referred and their extended networks, up to 10 referral levels.
• Bonus cash amounts are determined by LocalVIP and are subject to change at any time.
• Bonus cash is visible in your wallet in real time but is paid out on a monthly basis to allow for fraud review and verification.
• Referral earnings are not guaranteed. Actual earnings depend on the size and activity level of your referral network.
• LocalVIP reserves the right to disqualify transactions or referrals it determines to be fraudulent, manipulated, or in violation of these Terms.
• The referral program is subject to LocalVIP's Income Disclaimer, which is incorporated herein by reference.

You may not artificially inflate referral earnings through self-referrals, fake accounts, automated activity, or any other method that circumvents the intent of the referral program.

6. For Businesses: Success Fee and Payments

Businesses registered on the LocalVIP platform agree to the following:

• LocalVIP charges a 10% success fee on each qualifying transaction completed through the LocalVIP platform. This fee is charged only after a transaction is completed; there are no upfront fees or monthly minimums.
• The 10% success fee is allocated as follows: a portion to referrers in the shopper's network, a portion to causes the shopper has selected, a portion to friends designated by the shopper, and the remainder retained by LocalVIP to operate the platform.
• Cash back offered by your business to shoppers is entirely separate from the 10% success fee. You set your own cash back amount; LocalVIP does not take a portion of cash back.
• Business payments to LocalVIP are processed via Stripe ACH and are typically settled within 2 to 5 business days after transaction completion.
• Business accounts that have not been active for 12 consecutive months may be deactivated at LocalVIP's discretion.

7. For Schools and Nonprofits

Registered schools, youth organizations, and nonprofit organizations ("Cause Partners") receive automatic donations from a portion of the success fee collected on transactions made by their supporters. Cause Partners:

• Must complete a registration and verification process to receive donations.
• Receive payments via check on a monthly basis.
• Are not required to sell anything or take any ongoing action to receive donations once registered and active.
• Are responsible for complying with all applicable laws regarding charitable donations and income reporting.

8. Prohibited Uses

You agree not to use the Service to:

• Violate any applicable federal, state, or local law or regulation
• Create fake accounts or engage in any form of identity fraud
• Manipulate the referral system through self-referrals, bot activity, or coordinated artificial inflation of earnings
• Transmit unsolicited commercial messages (spam) in connection with your referral link
• Impersonate LocalVIP or any LocalVIP employee, partner, or affiliate
• Reverse engineer, decompile, or attempt to extract source code from the LocalVIP app
• Interfere with the security or integrity of the LocalVIP platform
• Use the platform for any unlawful, harmful, or abusive purpose

9. Intellectual Property

The LocalVIP name, logo, app, website, and all content therein are the exclusive property of LocalVIP and are protected by applicable copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any LocalVIP content without prior written permission.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the LocalVIP app for its intended personal, non-commercial purposes in accordance with these Terms.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. LOCALVIP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LocalVIP does not endorse, guarantee, or assume responsibility for any products or services offered by third-party businesses listed on the platform. Your transactions with businesses through LocalVIP are solely between you and the business.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOCALVIP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOST DATA, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF LOCALVIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL LOCALVIP'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES PAID BY YOU TO LOCALVIP IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100.00).

12. Indemnification

You agree to indemnify, defend, and hold harmless LocalVIP and its officers, directors, employees, 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 violation of these Terms, or your violation of any rights of another person or entity.

13. Termination

LocalVIP may suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms, fraudulent activity, or extended inactivity. Upon termination, your right to use the Service ceases immediately.

Any wallet balance that has cleared fraud review will be disbursed to you upon account termination, less any applicable fees. Bonus cash that has not yet been verified or paid out may be forfeited in cases of Terms violation or fraud.

You may close your account at any time by contacting us at localvip.com/contact.

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If the parties cannot reach a resolution within 30 days, disputes shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Longwood, Florida. Each party shall bear its own costs. You waive any right to participate in a class action lawsuit or class-wide arbitration.

15. Changes to These Terms

LocalVIP reserves the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date at the top of this page and, where appropriate, notify you via email or in-app notification. Your continued use of the Service following any changes constitutes your acceptance of the revised Terms.

16. Contact

If you have questions about these Terms of Service, please contact us:

LocalVIP
371 Newton Pl., Longwood, FL 32779
localvip.com/contact