TERMS OF SERVICE

Toochooz

Last Updated: April 2026

 

 

PREAMBLE AND SCOPE

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Toochooz ("Company," "we," "us," or "our") governing your access to and use of the following two distinct but related digital properties operated under the Toochooz brand:

 

(1) Part One: Terms of Service for the Toochooz Mobile Application ("App Terms") — governing use of the Toochooz consumer-facing swipe-based mobile application; and

 

(2) Part Two: Terms of Service for the Toochooz Restaurant Submission Website ("Website Terms") — governing use of the publicly accessible web portal through which members of the public may submit or request removal of restaurant data.

 

These Terms are published together at a single URL and are intended to be read as a unified document. Each part is independently binding upon users of the respective service. Users who access both the App and the Website are bound by both sets of Terms. By accessing or using any Toochooz service, you represent that you are at least thirteen (13) years of age and that you have read, understood, and agree to be bound by these Terms in their entirety.

 

These Terms should be read in conjunction with the Toochooz Privacy Policy, which is incorporated herein by reference. In the event of a conflict between these Terms and the Privacy Policy on any matter relating to data use or privacy, the Privacy Policy shall govern.

 

IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU MUST IMMEDIATELY DISCONTINUE ALL USE OF TOOCHOOZ SERVICES.

 


 

PART ONE

Terms of Service — Toochooz Mobile Application

Last Updated: April 2026

 

 

ARTICLE 1: ACCEPTANCE AND ELIGIBILITY

1.1 Acceptance of Terms

By downloading, installing, registering for, or using the Toochooz mobile application ("App"), you agree to be bound by these App Terms, the Toochooz Privacy Policy, and any additional guidelines, policies, or rules applicable to specific features of the App that may be posted from time to time. These App Terms constitute a legally binding contract between you and Toochooz.

1.2 Eligibility

You must be at least thirteen (13) years of age to use the App. By creating an account, you represent and warrant that you meet this age requirement. If you are between the ages of thirteen (13) and eighteen (18), you represent that you have obtained the consent of a parent or legal guardian to use the App and to agree to these Terms on your behalf. Toochooz reserves the right to terminate any account that we reasonably believe is held by a user who does not meet these eligibility requirements.

1.3 Mandatory Agreement During Sign-Up

As part of the App's mandatory account registration flow, every prospective user is required to affirmatively agree to these Terms of Service and the Toochooz Privacy Policy before the sign-up process can be completed. The sign-up flow will not permit a prospective user to create an account without this affirmative agreement. By completing the registration process, you acknowledge that you have had the opportunity to review these Terms and the Privacy Policy and that you accept and agree to be bound by both documents in their entirety.

1.4 Platform and App Store Compliance

The App is distributed through third-party app store platforms, including but not limited to the Apple App Store and the Google Play Store (collectively, "App Store Platforms"). Your download, installation, and use of the App through any App Store Platform is also subject to the applicable terms of service and usage rules of that platform. In the event of a conflict between these App Terms and the terms of an App Store Platform with respect to your license to use the App, the App Store Platform's terms shall govern solely as they relate to the platform itself. Apple Inc. and Google LLC are each a third-party beneficiary of these Terms with respect to your use of their respective platform, and each shall have the right to enforce these Terms against you as a third-party beneficiary. Toochooz is solely responsible for the App and its content, and App Store Platforms have no obligation to furnish maintenance or support services with respect to the App.

1.5 Service Availability Disclaimer

The App is developed and maintained by an individual developer. Toochooz makes no representations, warranties, or guarantees regarding the continuous availability, uptime, reliability, or performance of the App. The App may be subject to downtime, interruptions, bugs, feature changes, or permanent discontinuation at any time and without prior notice. Features available in the App today may be modified, removed, or replaced at Toochooz's sole discretion. Toochooz shall not be liable for any loss, inconvenience, or damages resulting from the unavailability or modification of the App or any of its features.

1.6 Changes to Terms

Toochooz reserves the right to modify, amend, or replace these App Terms at any time at our sole discretion. We will notify you of material changes by posting the updated Terms within the App or at our designated URL with an updated "Last Updated" date. Your continued use of the App following the posting of any such changes constitutes your binding acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the App immediately.

 

ARTICLE 2: ACCOUNT REGISTRATION, USERNAME, AND SECURITY

2.1 Account Creation and Phone Number Verification

To access the core features of the App, you are required to create an account. Registration is completed via phone number verification. By registering, you represent and warrant that:

       The phone number you provide is your own and that you are authorized to receive verification messages at that number.

       All information you provide during or after registration is accurate and complete.

       You will maintain the accuracy of such information and promptly update it if it changes.

 

Your phone number serves as your primary account identifier and is stored securely in our Firebase backend. It is used solely for authentication, account recovery, and as otherwise described in our Privacy Policy.

2.2 Username Selection and Permanence

At the time of account registration, you will be required to select a display name ("Username") for your profile. Usernames are subject to the following rules and conditions:

       Usernames are limited to a maximum of sixteen (16) characters.

       Your Username is selected during registration and is permanent. Once set, your Username cannot be changed. You are solely responsible for selecting a Username that is appropriate and that you are comfortable having associated with your account on a permanent basis.

       Your Username is displayed at the top of your profile tab within the App and is visible to any user to whom you send a pairing request, any user whose pairing request you receive and view, and any user currently paired with your account.

       Usernames must not contain hate speech, slurs, or content that constitutes harassment, abuse, or threats.

 

Toochooz reserves the right to suspend or terminate your account if your Username violates these Terms. Because Usernames are permanent, you acknowledge that no remedy other than account termination may be available in such circumstances.

2.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Toochooz immediately at admin@toochooz.com if you suspect any unauthorized use of your account or any other security breach. Toochooz shall not be liable for any loss or damage arising from unauthorized access to your account resulting from your own actions or inactions.

2.4 Account Deletion

You may delete your account at any time using the account deletion function available within the App's profile tab. Upon deletion of your account, the following will occur:

       Your account record, including your phone number, Username, and associated preferences, will be permanently deleted from our systems.

       All recipes you have ever uploaded under your account, across all pairings past and present, will be permanently deleted, including all associated recipe images, descriptions, and metadata.

       Any active pairing associated with your account will be immediately dissolved server-side. Your former paired partner will not receive a direct notification, but the App's interface on their device will update to reflect the unpaired state upon the next state refresh.

       Swipe session data associated with your account will be deleted.

 

Account deletion is permanent and irreversible. Toochooz cannot recover deleted accounts, recipes, or associated data.

2.5 Account Termination by Toochooz

Toochooz reserves the right to suspend, disable, or permanently terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms, suspected fraudulent or abusive activity, or prolonged inactivity. Upon termination, your right to use the App ceases immediately. Toochooz shall have no liability to you for any such termination.

 

ARTICLE 3: APP FEATURES AND FUNCTIONALITY

3.1 Application Structure

The App consists of two primary tabs accessible to registered users: (a) the Swipe Tab, which provides access to restaurant and recipe swiping features; and (b) the Profile Tab, which provides access to account management, pairing controls, and recipe management. The features available within these tabs are described in further detail in this Article.

3.2 Restaurant Cards and Non-Affiliation Disclaimer

The Swipe Tab allows users to swipe on restaurant cards drawn from the Toochooz proprietary Database. Each restaurant card displays the restaurant's name, its assigned cuisine type(s), one image, and a real-time operational status indicator. The status indicator displays "Open" or "Closing Soon" during the restaurant's hours of operation, and "Closed" outside of those hours. Each restaurant card also displays a notice stating that the restaurant is not affiliated with Toochooz.

 

Hours of operation, addresses, geographic coordinates, and other underlying data points are stored in the Database and used to determine the operational status displayed on the card, but are not necessarily displayed in full on the card itself. Toochooz does not guarantee the accuracy, completeness, or currency of any restaurant information displayed in the App, including the operational status indicator.

 

TOOCHOOZ IS NOT AFFILIATED WITH, ENDORSED BY, OR CONNECTED TO ANY RESTAURANT, RESTAURANT BRAND, OR RESTAURANT LOCATION APPEARING IN THE APP IN ANY WAY. THE DISPLAY OF A RESTAURANT IN THE APP DOES NOT IMPLY ANY SPONSORSHIP, PARTNERSHIP, ENDORSEMENT, OR OTHER AFFILIATION BETWEEN TOOCHOOZ AND THAT RESTAURANT. ALL RESTAURANT NAMES, LOGOS, AND IMAGES ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS.

3.3 Restaurant Data Sources and Public Information

Restaurant data displayed in the App consists of the following components, each with a distinct legal status:

       Restaurant name, physical address, geographic coordinates, and hours of operation: These elements constitute publicly available factual information. The Toochooz Database is initially seeded with this category of data for an initial set of restaurants and is expanded over time through user submissions made via the Toochooz Restaurant Submission Portal. Toochooz does not consider this data to be subject to removal upon a brand or restaurant owner's request, as the data is publicly available and factual in nature.

       Restaurant logos, storefront photographs, and other restaurant-associated imagery: These elements may be subject to copyright, trademark, or other intellectual property rights belonging to the restaurant or its owners.

3.4 Brand Communication, Image Replacement, and Data Update Policy

Toochooz acknowledges that restaurant brands and restaurant owners hold legal rights with respect to their logos, storefront images, and other proprietary imagery. Toochooz also recognizes that brands may from time to time wish to update or correct factual information about their locations. Accordingly, Toochooz maintains the following policy with respect to communications received from restaurants or restaurant brands at admin@toochooz.com or through other channels:

 

What Toochooz Will Do Upon Brand Request:

       Replace a brand's existing logo or image in the App with a new logo or image supplied directly by the brand. Brands may provide a preferred image they wish to be used in place of the current image, and Toochooz will substitute it accordingly upon legitimate request, subject to format and quality requirements.

       Remove a brand's logo or image entirely. In this case, Toochooz will substitute a generic placeholder corresponding to one of the restaurant's assigned cuisine types so that users continue to receive a complete restaurant card. This option applies only when the brand affirmatively requests removal of their imagery; Toochooz does not unilaterally substitute placeholder images for brands that have not made such a request.

       Mass image replacement (whether with a brand-supplied image or a cuisine-type placeholder) across all of a brand's locations is supported upon legitimate request.

       Update or correct a specific location's address, hours of operation, or open/closed status when the brand provides accurate information.

       Adjust the cuisine type(s) assigned to a restaurant in the Database upon reasonable request.

       Coordinate the removal of specific listings for locations that have permanently closed, when supplied directly by the brand. Such coordinated removals are evaluated on a case-by-case basis.

 

What Toochooz Will Not Do Upon Brand Request:

       Remove a brand's restaurant listings, names, addresses, geographic coordinates, or hours of operation from the Database in bulk simply because the brand does not wish to be listed in the App. Toochooz considers this data publicly available factual information that is not subject to removal upon brand demand.

       Remove individual listings on the basis of a brand's general objection to inclusion in the Toochooz platform.

 

Brands wishing to ensure their location data is current may also contribute corrected location information through the public Restaurant Submission Portal described in Part Two of these Terms. The only category of information subject to wholesale removal upon brand request is the brand's proprietary imagery, which will be replaced with cuisine-type placeholders rather than removed without substitution. This policy is intended to balance the legitimate intellectual property rights of restaurants and brands with the public nature of factual location data and the user experience of the Toochooz App.

3.5 Restaurant Card Population and Location Requirement

Restaurant cards are populated based on the user's current location and their selected search radius, which may be set to a range of one (1) to thirty-five (35) miles. Location access is required for the restaurant swiping feature to function. If location access is disabled by the user, the restaurant swiping portion of the App will not operate.

3.6 Swipe Session Data and 24-Hour Expiration

Swipe session data, including affirmative ("yes") swipes made by a user on restaurant or recipe cards, is retained for a period of twenty-four (24) hours from the time the swipe is recorded. If a user's paired partner does not access the App and register a corresponding swipe within that twenty-four-hour window, all associated swipe data from that session will be automatically purged. You acknowledge and agree that:

       Swipe data is ephemeral and is not permanently stored beyond the twenty-four-hour retention window.

       Toochooz is not responsible for any loss of swipe data resulting from a paired partner's failure to engage within the retention window.

       No permanent swipe history or long-term preference record is maintained for any user beyond the active session window.

3.7 Paired Accounts

The App allows two registered users to connect their accounts for the purpose of jointly participating in swiping sessions. Pairing is entirely user-initiated and user-controlled. Toochooz does not facilitate, suggest, manipulate, or otherwise influence pairing between users through any backend process. Specifically:

       A user initiates a pairing request by entering the phone number of another registered user via the "Pair Account" button on the Profile Tab.

       The recipient of a pairing request may accept or decline the request via the "Requests" button on the Profile Tab, which displays the requesting user's Username and phone number.

       Pairing is established only upon the mutual, affirmative action of both users: the sender initiating the request and the recipient explicitly accepting it. No pairing occurs passively or through any Toochooz-initiated process.

       While paired, the paired partner's Username is displayed at the top of the Swipe Tab in a header reading "Swipe with" followed by the partner's Username. The paired partner's Username and phone number are also viewable via the "Unpair Accounts" button on the Profile Tab.

       Either user may dissolve a pairing at any time via the "Unpair Accounts" function. Upon one user initiating an unpair, both accounts are immediately updated server-side. The former partner does not receive a direct notification. Instead, the App's user interface updates on the former partner's device to reflect the unpaired state upon the next application state refresh: the swipe tab will display a prompt to pair an account, and the recipe upload feature will be disabled with a message indicating that pairing is required. This interface change may take a brief moment to appear if the former partner is actively using the App at the time.

       When a pairing is dissolved, recipes uploaded by either user remain stored under that user's own active account. If the same two users later re-pair, their previously uploaded recipes will reappear within the renewed pairing. However, if either user deletes their account, all recipes uploaded under that account are permanently and irrevocably deleted, and that user will never be able to access those recipes again, regardless of any future pairing activity.

 

Toochooz makes no representations or warranties regarding the identity, intentions, or conduct of any other user, including pairing partners, and shall not be liable for any harm arising from interactions with other users.

3.8 Recipe Management

Registered users may access recipe management features via the Profile Tab. Specifically:

       Users may view all recipes they have uploaded, as well as all recipes uploaded by their current paired partner, while paired.

       Users may delete any recipe they have personally uploaded at any time.

       Users may send a deletion request notification to their paired partner requesting removal of that partner's recipe. The paired partner will receive an in-app notification identifying the requesting user's name and the recipe name. Deletion of the paired partner's recipe remains at the sole discretion of the recipe owner. Toochooz is not responsible for and cannot compel any user to delete their own recipe in response to a deletion request.

       The recipe upload function on the Profile Tab is only available to users who are actively paired with another account. If a user is not currently paired, the upload button will be disabled, and an in-app message will indicate that pairing is required to upload recipes.

3.9 Recipe Submissions — Content and Constraints

Registered App Users may submit original recipes to the Toochooz platform. Recipe submissions are subject to the following constraints and conditions:

       Recipe titles are limited to a maximum of fifty (50) characters.

       Recipe descriptions are limited to a maximum of one hundred sixty (160) characters.

       Recipe submissions must include an image. Recipe images must depict identifiable food content.

       All recipe submissions are subject to automated screening by Google Cloud Vision prior to publication, as described in Article 5.

 

By submitting a recipe, you represent, warrant, and agree that:

       You are the original author of the submitted recipe or have all rights necessary to submit it.

       The submitted content does not infringe upon the intellectual property rights, privacy rights, or any other legal rights of any third party.

       The submitted content complies in all respects with the Content Standards set forth in Article 5 of these App Terms.

       You grant Toochooz a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and perform your submitted recipe content in connection with the App and any successor, affiliated, or commercial products or services, without compensation or attribution to you.

 

ARTICLE 4: LOCATION, NOTIFICATIONS, AND PERMISSIONS

4.1 Location Access

The App includes a toggle on the Profile Tab allowing users to enable or disable location access. You acknowledge and agree that:

       The restaurant swiping feature requires location access to function. If location is disabled, the restaurant swiping portion of the App will not operate.

       Restaurants are populated based on your current location and your selected search radius of one (1) to thirty-five (35) miles.

       Your approximate location at registration may be stored to establish your home region for geographically relevant content.

       Real-time location during active sessions is processed ephemerally and is not stored in a persistent, precise form.

       You may modify location permissions via the in-app toggle or through your device's operating system settings at any time.

4.2 Push Notifications

The App may send push notifications in connection with pairing requests, pairing-related in-app events, and recipe deletion requests from a paired partner. The App includes a toggle on the Profile Tab allowing you to enable or disable push notifications. Disabling notifications may result in delayed awareness of pairing requests or partner-initiated actions. Toochooz is not responsible for any consequence arising from your choice to disable notifications.

4.3 Analytics

The App may utilize Firebase Analytics, provided by Google LLC, to collect anonymized usage data for the purpose of improving App performance and user experience. This may include information about feature interactions, session duration, and general usage patterns. Analytics data is collected in accordance with Google's privacy practices and does not individually identify users by name.

 

ARTICLE 5: CONTENT STANDARDS AND MODERATION

5.1 Content Standards

All content submitted to the App must comply with the following Content Standards. You agree not to submit any content that:

       Contains nudity, sexual content, or explicit material of any kind.

       Depicts, references, promotes, or facilitates the use of illegal drugs, controlled substances, or drug paraphernalia.

       Constitutes hate speech, including content that demeans, threatens, or discriminates against individuals or groups on the basis of race, ethnicity, religion, gender, sexual orientation, disability, nationality, or any other protected characteristic.

       Contains graphic violence, gore, or disturbing imagery.

       Constitutes or facilitates harassment, bullying, abuse, or threats directed at any individual or group.

       Infringes upon the intellectual property rights, privacy rights, or any other legal rights of any third party.

       Is false, misleading, or deceptive.

       Violates any applicable local, state, national, or international law or regulation.

       In the case of recipe images: does not contain identifiable food content.

5.2 Initial Automated Moderation

All recipe submissions are subject to automated screening by Google Cloud Vision at the time of submission and prior to publication. Submissions that fail automated screening will not be published. Toochooz does not individually review every submission prior to the automated screening process.

5.3 User Reporting

Any user may report a recipe card directly from the swipe screen. Each recipe card displayed in the App includes a dedicated report button. When reporting a recipe, the user must select either the recipe image or the recipe description as the basis for their report; reporting both elements simultaneously in a single report is not supported. There is no penalty for reporting recipe content, regardless of the volume or frequency of reports submitted by a user. Toochooz does not impose any restrictions on a user's ability to report content.

5.4 Enhanced Moderation of Reported Content

Upon receipt of a report, the reported recipe is subjected to a second round of automated moderation applying a stricter standard than the initial screening. This enhanced automated review will result in the removal of any recipe content that does not clearly and unambiguously comply with the Content Standards, including any recipe image that does not depict family-appropriate food content, and any recipe description that contains prohibited language or references.

 

If a recipe survives this second round of enhanced moderation, the recipe will not be subject to further review based on subsequent reports. You acknowledge and agree that:

       Mass reporting, repeated reporting, or coordinated reporting of a recipe that has already passed enhanced moderation will not result in its removal.

       Once a recipe has been determined to comply with Content Standards through enhanced moderation, no level of additional reporting will cause Toochooz to reconsider that determination, as such recipes have been affirmatively reviewed and confirmed to be appropriate.

       Once a recipe is removed following moderation review, the removal is permanent and irreversible. There is no recovery or restoration process for removed recipes.

5.5 No Formal Appeals

Toochooz does not operate a formal appeals process for moderation decisions. If you believe a decision was made in error, you may contact admin@toochooz.com. Toochooz will consider such inquiries at its sole discretion but makes no commitment to reverse any moderation decision.

 

ARTICLE 6: PROHIBITED CONDUCT

In addition to compliance with the Content Standards, you agree not to engage in any of the following in connection with your use of the App:

       Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code or underlying algorithms of the App.

       Use automated scripts, bots, scrapers, or other tools to access, collect, or extract data from the App without Toochooz's express written consent.

       Attempt to gain unauthorized access to any portion of the App, its backend infrastructure, the Database, or any systems or networks connected to Toochooz.

       Use the App to transmit any malware, viruses, or other malicious code.

       Engage in any activity that disrupts, degrades, or interferes with the operation of the App or Toochooz's infrastructure.

       Impersonate any person or entity or misrepresent your affiliation with any person or entity.

       Use the App for any unlawful purpose or in violation of any applicable law or regulation.

       Circumvent, disable, or otherwise interfere with any security features of the App.

       Create multiple accounts for the purpose of circumventing account suspensions or bans.

 

ARTICLE 7: INTELLECTUAL PROPERTY

7.1 Toochooz Intellectual Property

The App, including its design, code, features, graphics, user interface, and all content generated or curated by Toochooz, is the work product of Toochooz. Toochooz reserves all rights it may have under applicable intellectual property laws with respect to the App and its content. You are granted a limited, non-exclusive, non-transferable, revocable license to use the App solely for your personal, non-commercial purposes in accordance with these Terms. No other rights are granted, whether by implication, estoppel, or otherwise.

7.2 Restaurant Brand Non-Affiliation and Image Rights

All restaurant names, logos, trademarks, and images associated with restaurant listings in the App are the property of their respective owners. Toochooz makes no claim of ownership over any restaurant brand, trademark, or associated intellectual property. The display of any restaurant brand or logo within the App is for informational purposes only and does not constitute any affiliation, endorsement, partnership, or license between Toochooz and the respective brand. As described in Article 3.4, restaurants and brand owners may contact Toochooz at admin@toochooz.com to request removal of their imagery, in which case a generic placeholder image corresponding to one of the restaurant's assigned cuisine types will be substituted. Restaurant names, addresses, geographic coordinates, and hours of operation are publicly available factual information and are not subject to removal upon brand request.

7.3 Database Ownership

The Toochooz Database, including all restaurant data, recipe data, user-submitted content incorporated therein, and any compilations or derivatives thereof, constitutes proprietary intellectual property owned exclusively by Toochooz. Toochooz owns all right, title, and interest in and to the Database as a compiled work. No use of the Database or its contents is permitted without Toochooz's express written consent except as facilitated through normal use of the App.

7.4 User-Submitted Content

You retain ownership of any original content you create and submit to the App. However, by submitting content, you grant Toochooz the license described in Article 3.9 of these Terms. You acknowledge that Toochooz's exercise of rights under this license does not require any compensation, notice, or attribution to you. This license survives the deletion of your account or the removal of content from the App.

 

ARTICLE 8: DISCLAIMERS AND LIMITATION OF LIABILITY

8.1 Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOOCHOOZ EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TOOCHOOZ DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOOCHOOZ DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY RESTAURANT DATA, RECIPE DATA, OR OTHER CONTENT DISPLAYED IN THE APP. TOOCHOOZ MAKES NO GUARANTEE THAT ANY FEATURE OF THE APP WILL REMAIN AVAILABLE OR UNCHANGED.

8.2 Restaurant Non-Affiliation Disclaimer

TOOCHOOZ IS NOT AFFILIATED WITH, SPONSORED BY, ENDORSED BY, OR OTHERWISE CONNECTED TO ANY RESTAURANT, RESTAURANT CHAIN, OR RESTAURANT BRAND DISPLAYED IN THE APP. TOOCHOOZ MAKES NO REPRESENTATIONS REGARDING THE QUALITY, SAFETY, AVAILABILITY, OR ACCURACY OF INFORMATION RELATED TO ANY RESTAURANT DISPLAYED IN THE APP. USE OF RESTAURANT INFORMATION DISPLAYED IN THE APP IS AT YOUR OWN RISK.

8.3 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOOCHOOZ, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE APP; (B) ANY CONTENT SUBMITTED BY YOU OR ANY OTHER USER; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF TOOCHOOZ'S SYSTEMS; (D) ANY INTERACTION WITH ANOTHER USER, INCLUDING A PAIRED PARTNER; (E) THE EXPIRATION OR LOSS OF ANY SWIPE SESSION DATA; (F) THE DISSOLUTION OF A PAIRING OR ANY RESULTING CHANGE TO THE APP'S USER INTERFACE ON A FORMER PARTNER'S DEVICE; (G) THE PERMANENT NATURE OF A USERNAME ONCE SELECTED; OR (H) ANY OTHER MATTER RELATING TO THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF TOOCHOOZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

ARTICLE 9: INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Toochooz and its affiliates, officers, directors, employees, agents, successors, and assigns from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

       Your access to or use of the App.

       Any content you submit to the App.

       Your violation of these App Terms or the Privacy Policy.

       Your violation of any applicable law or regulation.

       Your violation of any third-party rights, including intellectual property rights, privacy rights, or publicity rights.

       Any dispute between you and another user of the App, including a paired partner.

       Any claim by a restaurant, restaurant brand, or restaurant owner arising from the display of their information in the App where such claim is attributable to your actions or submitted content.

 

ARTICLE 10: THIRD-PARTY SERVICES

The App integrates with and relies upon certain third-party services, including Google Firebase, Google Cloud Vision API, and Firebase Analytics. Your use of the App is subject to the terms of service and privacy policies of these third-party providers. Toochooz makes no representations or warranties regarding the availability, accuracy, or security of any third-party services and shall not be liable for any failure, interruption, or breach attributable to a third-party provider.

 

ARTICLE 11: GOVERNING LAW AND DISPUTE RESOLUTION

11.1 Governing Law

These App Terms shall be governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law principles. Notwithstanding the foregoing, you may have additional rights granted by the laws of the state, province, or country where you reside — including, in the United States, state-level consumer protection and privacy laws such as the California Consumer Privacy Act (CCPA), the Virginia Consumer Data Protection Act (VCDPA), the Colorado Privacy Act (CPA), and similar state laws. Nothing in these Terms is intended to waive any non-waivable right granted to you by such laws. The Toochooz Privacy Policy further describes how Toochooz responds to data rights requests under such state laws.

11.2 Jurisdiction and Venue

Any dispute arising out of or relating to these App Terms or your use of the App shall be resolved exclusively in the state or federal courts located in Ohio. You hereby irrevocably submit to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.

11.3 Informal Resolution

Before initiating any formal legal proceeding, you agree to contact Toochooz at admin@toochooz.com and attempt to resolve the dispute informally for a period of no less than thirty (30) days. This requirement does not apply to claims for injunctive or other equitable relief.

 

ARTICLE 12: GENERAL PROVISIONS — APP

12.1 Severability

If any provision of these App Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

12.2 Entire Agreement

These App Terms, together with the Privacy Policy and any other policies incorporated herein by reference, constitute the entire agreement between you and Toochooz with respect to your use of the App and supersede all prior agreements, representations, and understandings.

12.3 Waiver

Toochooz's failure to enforce any provision of these App Terms shall not be deemed a waiver of its right to enforce such provision in the future.

12.4 No Compensation

The App is provided to users free of charge. Your use of the App does not entitle you to any compensation of any kind. Toochooz provides no remuneration in connection with your use of the App, including in connection with any content you submit.

12.5 Contact Information

For questions, concerns, or notices relating to these App Terms, please contact: admin@toochooz.com


 

PART TWO

Terms of Service — Toochooz Restaurant Submission Website

Last Updated: April 2026

 

 

ARTICLE 13: ACCEPTANCE AND PURPOSE

13.1 Acceptance of Terms

By accessing or using the Toochooz Restaurant Submission Portal ("Website" or "Submission Portal"), you agree to be bound by these Website Terms, the Toochooz Privacy Policy, and any additional guidelines or policies applicable to the Website. These Website Terms constitute a legally binding contract between you ("Submitter" or "you") and Toochooz. If you do not agree to these Terms, you must immediately cease all use of the Website.

13.2 Mandatory Agreement Prior to Submission

Every Submitter is required to affirmatively agree to these Website Terms of Service and the Toochooz Privacy Policy before submitting any content through the Submission Portal. Both the restaurant submission form and the listing removal request form include a mandatory checkbox confirming the Submitter's agreement to these Terms and the Privacy Policy. The applicable form will not permit a submission to proceed without this affirmative checkbox confirmation. By checking the agreement box and submitting any form, you acknowledge that you have had the opportunity to review these Terms and the Privacy Policy and that you accept and agree to be bound by both documents in their entirety with respect to that submission and any future submissions.

13.3 Purpose of the Website

The Submission Portal serves two distinct purposes for the public: (a) the submission of new restaurant listings for potential inclusion in the Toochooz App and associated Database, governed by Article 13.4; and (b) the submission of Listing Removal Requests asking that an existing restaurant listing no longer be displayed to App users, governed by Article 13.5. Both functions are subject to review and moderation by Toochooz at its sole discretion.

13.4 Restaurant Submissions by the Public

The Submission Portal includes a Restaurant Submission form that allows any member of the public to submit a new restaurant for potential inclusion in the Toochooz Database. The following provisions apply to restaurant submissions:

       Submitters are required to provide the restaurant name and to select between one (1) and three (3) cuisine types from a predefined list of cuisine type options.

       Submitters are required to provide hours of operation for each day of the week. The form supports the addition of a second open/close window per day to accommodate split lunch and dinner shifts.

       Submitters are required to provide either geographic coordinates (latitude and longitude) or a complete address (Address Line 1, optional Address Line 2, City, State, and ZIP Code). At least one of these location options is required, and Toochooz may convert a provided address to coordinates internally.

       Submitters are required to select the timezone associated with the restaurant's location.

       Submitters are required to upload one clear logo or storefront image in JPG or PNG format with a maximum file size of two megabytes (2MB).

       Submitters are required to complete a CAPTCHA or similar anti-abuse verification, and to affirmatively check the box agreeing to these Terms of Service and the Toochooz Privacy Policy. Submissions cannot be processed without this affirmative agreement.

 

Submitters are advised that if an uploaded photo does not accurately match the restaurant information provided, the submission may be rejected by Toochooz Moderators within seven (7) days of submission. Approval of a submission and inclusion in the Database is at Toochooz's sole discretion. The license grant and warranty provisions applicable to all Submitted Content, including images, are set forth in Article 14 of these Terms.

13.5 Listing Removal Requests by the Public

The Submission Portal includes a Listing Removal Request form that allows any member of the public to request that a specific restaurant listing no longer be displayed to App users — for example, where a restaurant has permanently closed, has relocated, or where the listed information is materially incorrect and the listing should not appear to users. Public removal requests are distinct from brand-direct communications regarding image rights, which are addressed in Article 3.4. The following provisions apply to public removal requests:

       To submit a removal request, you must provide the reason for removal, the restaurant name, address, city, two-letter state, and ZIP code, and you must affirm your agreement to these Terms via the form's mandatory checkbox.

       Removal requests may also require completion of a CAPTCHA or similar anti-abuse verification.

       Removal requests are reviewed by Toochooz Moderators at their sole discretion. Approval of a removal request results in the listing being hidden from public visibility in the Toochooz App.

       Approved removals do not delete the listing from the underlying Toochooz Database. Toochooz retains the listing data for internal Database, audit, and operational purposes, including reactivation if circumstances change.

       Submission of a removal request does not guarantee that the listing will be removed from public visibility, and Toochooz reserves the right to decline removal requests at its sole discretion and without explanation.

       Submission of false, malicious, or bad-faith removal requests, including requests aimed at harassing a competitor or disrupting the Database, is prohibited and may result in an IP ban as described in Article 15.2.

13.6 Non-Affiliation with Restaurants

Toochooz is not affiliated with, endorsed by, or connected to any restaurant, restaurant brand, or restaurant location. The Submission Portal is a public data contribution tool. Submission of a restaurant listing does not create any relationship, affiliation, or association between Toochooz and the submitted restaurant.

13.7 Service Availability

Toochooz makes no representations or warranties regarding the continuous availability or uptime of the Submission Portal. The Website may be modified, suspended, or discontinued at any time without notice. Toochooz shall not be liable for any loss or inconvenience resulting from the unavailability of the Website.

13.8 Changes to Terms

Toochooz reserves the right to modify these Website Terms at any time. Changes will be posted with an updated "Last Updated" date. Continued use of the Website following changes constitutes acceptance of the revised Terms.

 

ARTICLE 14: SUBMITTED CONTENT

14.1 Representations and Warranties of Submitters

By submitting any content through the Submission Portal (collectively, "Submitted Content"), you represent, warrant, and agree that:

       You have the full legal right, authority, and capacity to submit the content.

       The Submitted Content is accurate, complete, and not misleading to the best of your knowledge.

       The Submitted Content does not infringe upon the intellectual property rights, privacy rights, publicity rights, or any other legal rights of any third party.

       The Submitted Content complies with the Prohibited Conduct provisions set forth in Article 16.

       You have obtained all necessary permissions and licenses required in connection with any images included in your submission.

14.2 License Grant

You retain ownership of any original content you submit. However, by submitting content, you grant Toochooz a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to:

       Use, display, modify, adapt, crop, resize, distribute, and reproduce the Submitted Content in the App, Database, and any associated products, services, or marketing materials.

       Store and process the Submitted Content for moderation, technical, analytical, and commercial purposes.

       Incorporate Submitted Content into the Toochooz proprietary Database.

       Exercise all data commercialization rights described in the Toochooz Privacy Policy.

 

This license survives termination of your use of the Website and is not conditioned upon approval or publication of your submission.

14.3 Image Submissions and Copyright Disclaimer

The Submission Portal allows Submitters to upload photographs in connection with restaurant listings. TOOCHOOZ EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE COPYRIGHT STATUS, INTELLECTUAL PROPERTY RIGHTS, OR THIRD-PARTY OWNERSHIP OF ANY IMAGE SUBMITTED THROUGH THE SUBMISSION PORTAL BY ANY PERSON.

 

Toochooz does not and cannot reasonably be expected to perform individualized copyright verification on every submitted image. The volume and nature of public submissions makes such review impracticable. By submitting an image, you assume full and exclusive responsibility for ensuring that you hold all necessary rights. Toochooz shall bear no liability for any copyright infringement or intellectual property claim arising from images submitted by third-party Submitters.

 

If you believe that any image in the Toochooz Database infringes your copyright or other intellectual property rights, please contact us at admin@toochooz.com with a description of the allegedly infringing material and documentation of your ownership or rights.

14.4 No Compensation or Attribution

Submitting data through the Submission Portal does not entitle you to any compensation, credit, attribution, or recognition. You voluntarily contribute data to improve the Toochooz platform. No submission creates an employment, contractor, or partnership relationship between you and Toochooz.

 

ARTICLE 15: MODERATION, APPROVAL, AND BANS

15.1 Moderation at Toochooz's Discretion

All submissions are subject to review and moderation by Toochooz. Toochooz reserves the right to:

       Approve, reject, or remove any submission at any time, for any reason or no reason, at its sole and absolute discretion.

       Modify, edit, or adapt submissions prior to inclusion in the Database, including cropping or resizing images, correcting data formatting, converting addresses to geographic coordinates, and merging duplicates.

       Remove previously approved submissions at any time.

 

Submission does not guarantee inclusion in the App or Database. Toochooz is under no obligation to publish, retain, or act upon any submission within any specified timeframe.

15.2 IP Address Bans

Toochooz reserves the right to ban any IP address from accessing the Submission Portal, with or without prior notice, in response to conduct that violates these Terms or that Toochooz determines to be abusive or disruptive. Conduct that may result in an IP ban includes, but is not limited to:

       Submission of a high volume of false, fabricated, or unverifiable restaurant listings.

       Repeated submission of prohibited content following prior rejections.

       Use of automated tools or scripts to submit content in bulk without authorization.

       Any other conduct that Toochooz determines constitutes submission spam or systematic abuse.

 

If you believe your IP address has been banned in error, you may contact Toochooz at admin@toochooz.com. Toochooz will consider such inquiries at its sole discretion but makes no commitment to lift any ban.

15.3 Two Distinct Removal Mechanisms

Toochooz operates two entirely separate processes for handling listing-related requests. These processes serve different purposes, originate from different parties, and produce different outcomes:

 

(a) Public Listing Removal Requests via the Submission Portal: Members of the public may submit removal requests through the Listing Removal Request form on the Submission Portal. This mechanism is designed for circumstances such as a restaurant having permanently closed, having relocated, or having materially incorrect information. Approved public removal requests result in the listing being hidden from public visibility in the App but the listing data remains in the underlying Database. The full operation of this mechanism is governed by Article 13.4 of these Terms.

 

(b) Brand-Direct Communications: Restaurants and brand owners may contact Toochooz at admin@toochooz.com or through other direct channels regarding their listings. Toochooz's policy with respect to brand-direct communications is set forth in detail in Article 3.4 and is summarized as follows: Toochooz will replace a brand's logos with cuisine-type placeholders upon request, will update specific location data (addresses, hours, open/closed status, cuisine types) when corrected information is provided, and will coordinate the removal of specific permanently-closed locations on a case-by-case basis. Toochooz will not remove a brand's listings, names, addresses, geographic coordinates, or hours of operation in bulk simply because the brand objects to inclusion in the App. Such factual data is considered publicly available and is not subject to wholesale removal upon brand demand.

 

Toochooz reserves the right to decline any removal, modification, or update request submitted through either mechanism at its sole discretion and without explanation.

15.4 Audit Logging

Rejected submissions, removal requests, and records of IP bans may be logged for internal audit, anti-abuse, and security purposes and retained for a period determined by Toochooz in its sole discretion.

 

ARTICLE 16: PROHIBITED CONDUCT

By using the Submission Portal, you agree not to:

       Submit false, fabricated, misleading, or fictitious restaurant information, including listings for businesses that do not exist or are permanently closed.

       Submit copyrighted materials, including images sourced from Google Maps, Google Street View, or other proprietary mapping or review platforms, unless you hold all necessary rights.

       Submit offensive, defamatory, obscene, harassing, or otherwise unlawful content.

       Use automated tools, scripts, or bots to submit content without Toochooz's express written authorization.

       Submit a high volume of unverifiable or false restaurant listings, whether in a single session or cumulatively over time.

       Attempt to disrupt, impair, overload, or abuse the Website, its servers, or Toochooz's infrastructure.

       Attempt to gain unauthorized access to any portion of the Website or its backend systems.

       Submit content containing malware, viruses, or other malicious code.

       Submit removal requests in bad faith or for the purpose of harassing a business or disrupting the Database.

       Misrepresent your identity or affiliation in connection with any submission or removal request.

       Evade or circumvent an IP ban by accessing the Website through a proxy, VPN, or alternative IP address after having been banned.

 

ARTICLE 17: DISCLAIMER OF WARRANTIES

THE WEBSITE AND ALL CONTENT THEREON ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TOOCHOOZ DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TOOCHOOZ DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOOCHOOZ DOES NOT GUARANTEE THAT ANY SUBMISSION WILL BE REVIEWED, APPROVED, OR PUBLISHED WITHIN ANY PARTICULAR TIMEFRAME OR AT ALL.

 

ARTICLE 18: LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOOCHOOZ, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE WEBSITE; (B) ANY SUBMISSION OR REMOVAL REQUEST YOU SUBMIT; (C) THE INCLUSION OR EXCLUSION OF ANY DATA IN THE TOOCHOOZ DATABASE; (D) ANY IP BAN IMPOSED ON YOUR ACCESS; (E) ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR SUBMITTED CONTENT; OR (F) ANY OTHER MATTER RELATING TO THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF TOOCHOOZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

ARTICLE 19: INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Toochooz and its affiliates, officers, directors, employees, agents, successors, and assigns from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

       Your use of the Submission Portal.

       Any content you submit through the Submission Portal.

       Your violation of these Website Terms or the Privacy Policy.

       Your violation of any applicable law or regulation.

       Any claim by a third party that your Submitted Content infringes such party's intellectual property rights, privacy rights, or other legal rights.

 

ARTICLE 20: GOVERNING LAW AND DISPUTE RESOLUTION

20.1 Governing Law

These Website Terms shall be governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions. Notwithstanding the foregoing, you may have additional rights granted by the laws of the state, province, or country where you reside — including, in the United States, state-level consumer protection and privacy laws such as the California Consumer Privacy Act (CCPA), the Virginia Consumer Data Protection Act (VCDPA), the Colorado Privacy Act (CPA), and similar state laws. Nothing in these Terms is intended to waive any non-waivable right granted to you by such laws. The Toochooz Privacy Policy further describes how Toochooz responds to data rights requests under such state laws.

20.2 Jurisdiction and Venue

Any dispute arising out of or relating to these Website Terms or your use of the Submission Portal shall be resolved exclusively in the state or federal courts located in Ohio. You hereby irrevocably submit to the personal jurisdiction of such courts and waive any objection to venue in such courts.

20.3 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact Toochooz at admin@toochooz.com and make a good-faith effort to resolve the dispute informally for a period of no less than thirty (30) days.

 

ARTICLE 21: GENERAL PROVISIONS — WEBSITE

21.1 Severability

If any provision of these Website Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

21.2 Entire Agreement

These Website Terms, together with the Toochooz Privacy Policy, constitute the entire agreement between you and Toochooz with respect to your use of the Submission Portal and supersede all prior agreements, communications, and understandings.

21.3 Waiver

Toochooz's failure to enforce any provision of these Website Terms shall not constitute a waiver of its right to enforce such provision in the future.

21.4 Contact Information

For questions, concerns, or notices relating to these Website Terms, please contact us at: admin@toochooz.com

 

These Terms of Service were last updated in April 2026 and are effective as of that date. This document supersedes all prior versions.