Terms of Service

By accessing or using The Local Send (“the Platform”), operated by The Local Send, LLC (“we,” “us,” or “our”), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Platform.

You must be at least 18 years of age to create an account or use the Platform. By using the Platform, you represent and warrant that you meet this age requirement.

The Local Send is a marketplace that connects independent restaurants in Austin, Texas with vetted local content creators (“Creators”) for authentic content collaborations. Restaurants post dining experience offers, Creators apply and are selected, and both parties fulfill their obligations as outlined on the Platform.

To use the Platform, you must create an account using either an email address and password or Google OAuth sign-in. You agree to:

• Provide accurate information — all account details, profile information, and social media handles must be truthful and current.
• Maintain one account — you may not create multiple accounts. Each person or business may only have one active account.
• Secure your credentials — you are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

If you suspect unauthorized access to your account, notify us immediately at support@thelocalsend.com.

Restaurants agree to:

• Provide accurate business information — including restaurant name, address, cuisine type, and contact details.
• Honor collaboration commitments — provide the dining experience as described in the offer when a Creator visits.
• Review content promptly — verify Creator content submissions within a reasonable timeframe.

Creators agree to:

• Maintain accurate profiles — including social media handles, follower counts, and content samples.
• Meet collaboration commitments — visit restaurants within the booking window, create authentic content, and post within the agreed deadline.
• Follow content standards — as outlined in the Content Commitment Terms presented during the application process.

Restaurant accounts require a paid subscription to post offers and receive Creator applications. Subscriptions are billed monthly through Stripe, our third-party payment processor.

• Auto-renewal — subscriptions renew automatically each billing period unless cancelled.
• Cancellation — you may cancel your subscription at any time through your account dashboard. Cancellation takes effect at the end of the current billing period.
• Refunds — subscription fees are non-refundable except as required by law.

We do not store your payment card information. All payment data is processed and secured by Stripe in accordance with PCI DSS standards.

Restaurants may license Creator content for use in their own marketing and advertising through the Platform's UGC licensing system. Two license types are available:

• Standard License (90 days) — use content on owned channels (website, social media, email marketing).
• Extended License (12 months) — includes all standard license rights plus use in paid advertising campaigns.

Creators receive 70% of the licensing fee. Licensing is optional and requires the Creator's consent — content is never licensed without the Creator's knowledge.

Creators retain full ownership of all content they create through Platform collaborations. By posting content as part of a collaboration, Creators grant The Local Send a limited, non-exclusive license to display the content on the Platform (e.g., in analytics dashboards and collaboration records).

Restaurants receive usage rights to Creator content only through a separately purchased UGC license. No rights are transferred without a license purchase.

You may not:

1. 1.Create fake accounts or impersonate another person or business.
2. 2.Manipulate engagement metrics, use engagement pods, purchase fake followers, or misrepresent your audience size.
3. 3.Harass, threaten, or abuse other users, restaurant staff, or Platform personnel.
4. 4.Scrape, crawl, or use automated tools to extract data from the Platform.
5. 5.Reverse engineer, decompile, or attempt to access the Platform's source code.
6. 6.Use the Platform for any unlawful purpose or in violation of any applicable laws.
7. 7.Circumvent or attempt to circumvent any Platform security measures or restrictions.

We reserve the right to suspend or terminate your account if you violate these Terms of Service or engage in conduct that harms other users, restaurants, or the Platform.

• Creator strike system — Creators receive strikes for missed deadlines, no-shows, or removed content. Three strikes may result in account suspension or removal.
• Immediate termination — accounts engaged in fraud, metric manipulation, or abusive behavior may be terminated without prior warning.
• Effect on active bookings — upon suspension or termination, all active bookings are cancelled. Restaurants will be notified.

You may delete your account at any time by contacting support@thelocalsend.com. Account data will be removed within 90 days of deletion, subject to our data retention policy.

The Platform is provided “as is” and “as available” without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that any collaboration will result in specific business outcomes, follower growth, or content performance. We are not responsible for the quality of dining experiences provided by restaurants or the quality of content produced by Creators.

To the maximum extent permitted by law, The Local Send, LLC's total liability for any claims arising from your use of the Platform shall not exceed the amount you have paid to us in the twelve (12) months preceding the claim.

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

• Individual basis only — all disputes must be brought in your individual capacity, not as a plaintiff or class member in any class or representative proceeding.
• Small claims exception — either party may bring an individual action in small claims court if the claim qualifies.
• Governing law — these Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.
• Jurisdiction — for any matters not subject to arbitration, the exclusive jurisdiction shall be the state and federal courts located in Travis County, Texas.

We may update these Terms from time to time. When we make material changes, we will notify you via email at least 30 days before the changes take effect. Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms.

If you have questions about these Terms, contact us at support@thelocalsend.com.