Terms of Service

Effective Date: September 1, 2026 | Last Revised: September 1, 2026

These Terms of Service (“Agreement” or “Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and The O’Connor Company LLC, a Colorado limited liability company doing business as Denver Deals (“Denver Deals,” “Company,” “we,” “us,” or “our”), governing your access to and use of the Denver Deals mobile application and the website located at denverdeals.app (collectively, the “Service”). These Terms incorporate by reference our Privacy Policy, which is available within the Service and at denverdeals.app/privacy. In the event of any conflict between these Terms and the Privacy Policy with respect to data practices, the Privacy Policy shall control.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICE.

By creating an account, accessing, downloading, installing, or using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to all of these Terms, you are expressly prohibited from accessing or using the Service and must discontinue use immediately. If you are accessing or using the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case the terms “you” and “your” shall refer to such entity.

1. Eligibility

To access or use the Service, you must: (a) be at least eighteen (18) years of age; (b) have the legal capacity to enter into a binding contract under applicable law; (c) not be barred from receiving services under the laws of the United States or any other applicable jurisdiction; and (d) not have previously had your account suspended or terminated by Denver Deals for cause. By accessing or using the Service, you represent and warrant that you satisfy all of the foregoing eligibility requirements. If you do not satisfy these requirements, you must not access or use the Service. Denver Deals reserves the right to verify eligibility at any time and to suspend or terminate any account it believes does not satisfy these requirements.

2. User Accounts

• Registration and Accuracy. You must provide complete, accurate, and current information during the registration process and promptly update such information as necessary to keep it accurate, complete, and current. Providing false, misleading, or outdated information constitutes a material breach of these Terms and may result in immediate suspension or termination of your account.
• Account Security. You are solely responsible for (i) maintaining the confidentiality and security of your account credentials, including your password; (ii) all activities and transactions that occur under your account, whether or not authorized by you; and (iii) ensuring that your use of the Service complies with all applicable laws and these Terms. You agree not to share your account credentials with any third party or permit any third party to access the Service through your account.
• Unauthorized Access. You must notify Denver Deals promptly, and in any event within forty-eight (48) hours, upon becoming aware of any unauthorized access to or use of your account or any other breach of security. Such notification should be sent to support@denverdeals.app. Denver Deals will not be liable for any loss or damage arising from your failure to comply with the foregoing security obligations.
• Suspension and Termination. Denver Deals reserves the right, in its sole discretion, to suspend, restrict, or permanently terminate your account, with or without prior notice, if Denver Deals reasonably believes that you have violated these Terms or that your account is being used in connection with fraud, abuse, security incidents, unlawful activity, or other unauthorized activity. Termination of your account does not limit any other rights or remedies available to Denver Deals at law or in equity.

3. Description of the Service

Nature of the Service. Denver Deals operates a technology platform and marketplace that enables local merchants to publish time-limited promotional offers (“Deals”) and enables registered shoppers to discover, claim, and redeem those Deals at participating merchant locations. Deals are offered in three formats: (i) “Flash Deals,” which, once claimed, are redeemable in person within a fixed time-limited Redemption Window as described in Section 4; (ii) “Daily Deals,” which recur on the days of the week the merchant selects and are redeemable once per day per shopper during the Deal’s active daily posting window by presenting the in-app redemption screen at the merchant location; and (iii) “Booking Deals,” for goods or services you reserve in advance, which you claim in the app from any location and then book directly with the merchant through the merchant’s own reservation, booking, or checkout system, using a discount code the Service shows you after you claim. For a Booking Deal, the merchant creates and applies the discount code within its own system; Denver Deals does not create, validate, apply, or process the discount, does not receive or verify your booking, and is not a party to it. The merchant, or you in the app while at the merchant’s location, records your arrival for the appointment. A Daily Deal is an offer the merchant makes available only to users of the Service; a merchant’s ordinary published business information, such as its regular happy-hour or brunch hours, is not a Deal, is not claimable or redeemable through the Service, and appears only as information on that business’s profile page. Denver Deals acts solely as a technology intermediary and is not the seller of, and is not a party to, any transaction, sale, or agreement between a shopper and a merchant. Merchants, not Denver Deals, are solely responsible for (i) the goods and services they provide; (ii) the accuracy, completeness, and legality of their Deals and any associated advertising; (iii) the availability of inventory and capacity; (iv) compliance with all applicable laws and regulations, including those governing the sale of age-restricted products; and (v) honoring valid claims in accordance with the Deal terms they publish. Denver Deals does not verify, endorse, or make any representation regarding the quality, safety, legality, or accuracy of any Deal, merchant offering, or merchant listing.

Listings for non-participating businesses. The Service may display listings for businesses that do not participate in the Service, compiled from publicly available sources including the Google Places API. The display of such a listing does not indicate that the business is a customer of, affiliated with, sponsored by, or endorsed by Denver Deals, and is not a representation that the business has any relationship with us. Shoppers may indicate through the Service that they would like a listed business to offer a deal; such a request is an expression of shopper interest only and creates no obligation on the part of the business, the shopper, or Denver Deals. A business that does not wish to be listed may request removal by emailing support@denverdeals.app from an address associated with the business, and we will remove the listing within a few business days of verifying the request. Shoppers may also report that a listed business appears to have closed or moved; a reported listing is removed from view pending our review.

Third-party ratings. Business ratings, rating counts, opening hours, and similar listing details shown in the Service are third-party content supplied by Google and are not a representation, endorsement, or warranty by Denver Deals. Such content may be incomplete, out of date, or delayed relative to its source, and Denver Deals does not control and is not responsible for its accuracy. Descriptive tags shown on a business profile are either derived from that third-party listing data or supplied by the merchant itself.

4. Claiming and Redeeming Deals

By claiming a Deal through the Service, you acknowledge and agree to the following terms, rules, and conditions governing the claiming and redemption process:

• Proximity Requirement. To be eligible to claim a Deal, you must be physically located within two (2) miles of the applicable merchant location at the time you initiate the claim. Denver Deals verifies claim eligibility using location information processed on its servers. You acknowledge that Denver Deals’ location determination is final and that no claim will be processed if eligibility cannot be verified. This requirement does not apply to Booking Deals, which you may claim from any location; your arrival for the appointment is verified instead, as described under “Arrival Verification and Redemption Process” below.

• One Claim Per Deal. Each registered User may claim any individual Deal no more than once. Multiple claims of the same Deal by the same User, whether through one account or multiple accounts, are strictly prohibited and constitute a material breach of these Terms.

• Redemption Window. Upon successfully claiming a Flash Deal, you will have the arrival window stated on that Flash Deal — forty-five (45) minutes unless the Deal states otherwise — from the date and time of claim (the “Redemption Window”) to arrive in person at the applicable merchant location. The arrival window is shown to you before you claim. Unless the Deal states that you must arrive before it ends, the Redemption Window for a Flash Deal is independent of, and runs concurrently with, the Flash Deal’s posted expiration time; where a merchant has set a Flash Deal so that you must arrive before it ends, your Redemption Window ends no later than the Deal’s posted end time. A Daily Deal is redeemable only during its active daily posting window, and no more than once per day per shopper, through the in-app redemption screen for that Deal. Upon claiming a Booking Deal, your claim is valid for the window stated on that Deal — up to thirty (30) days — within which you must book with the merchant and attend. Failure to arrive within the applicable Redemption Window will result in expiration of that claim, and no replacement claim will be issued. A Daily Deal is not claimed in advance; one you do not redeem during a day’s posting window is simply not redeemed that day, and it is available again on the next day the Deal runs.

• Arrival Verification and Redemption Process. After you claim a Deal, the Service may utilize foreground location data while you are actively using the application and background location data only as reasonably necessary to monitor for your arrival at the claimed merchant location during your active Redemption Window for a Flash Deal or during the active daily posting window for a Daily Deal. Upon our systems verifying that you are within approximately one hundred fifty (150) feet of the applicable merchant location during the applicable redemption period, the application records your arrival and confirms your active claim status. Arrival and redemption are two separate steps. After your arrival is confirmed, you redeem by opening a time-limited live redemption screen in the application — by pressing and holding on your own device — and presenting it to the merchant at the point of sale. The redemption screen may be opened once per claim, at any time during the same business day as your verified arrival; it displays a visible countdown while it is live and then becomes a receipt showing the time of redemption. For Flash Deals, your arrival must be confirmed within the active Redemption Window. For Daily Deals, redemption is effected the same way, through the in-app redemption screen for that Deal during the active daily posting window, once per day.

  For Booking Deals, none of the foregoing redemption-screen process applies, and no background location data is collected or used at any point. After you claim, the Service shows you the merchant’s discount code and a booking reference; you book on the merchant’s own system and attend your appointment. Your arrival is recorded by the merchant through its dashboard, or by you in the application while you are at the merchant’s location, in which case the Service checks your location once, in the foreground, at the moment you tap. After your claim’s window closes, the Service may ask you once whether you attended; answering is entirely optional, your answer is your own report rather than a verification by us, and it does not create or extend any right to the Deal. The redemption screen incorporates anti-screenshot and anti-duplication security measures to enable the merchant to verify that the screen is live and authenticated. Presenting the redemption screen, the receipt, or any image or recording of either to obtain more than one redemption of the same claim is a material breach of these Terms under “One Claim Per Deal.” You acknowledge and agree that Denver Deals bears no liability for any failure of these technical systems to function as described, including due to device limitations, connectivity issues, or GPS inaccuracies.

• Natural Expiry After Claim. If a Flash Deal’s posted end time passes after you have already successfully claimed that Flash Deal, your claim and the associated Redemption Window shall remain valid and in full force, provided your arrival is confirmed within the applicable Redemption Window — unless the Deal stated that you must arrive before it ends, in which case your Redemption Window ends with the Deal. For a Daily Deal, your claim remains redeemable only during the deal’s active daily posting window and does not extend beyond that posted daily window. For a Booking Deal, your claim and its discount code remain valid for the window stated on the Deal even if the Deal’s posting window has closed, and expire at the end of that window whether or not you booked.

• Merchant Cancellation. Merchants may cancel a Deal at any time prior to redemption in their sole discretion. If a merchant cancels a Deal, all active claims for that Deal will be voided, and Denver Deals will use commercially reasonable efforts to notify affected Users promptly. Denver Deals shall not be liable for any loss, inconvenience, or damages suffered by a User as a result of a merchant’s cancellation of a Deal.

• Non-Transferability. All claims are personal to the registered User and are non-transferable. Claims may not be sold, gifted, transferred, duplicated, shared, assigned, sublicensed, or otherwise conveyed to any third party by any means. For a Booking Deal, the discount code and the booking reference disclosed to you are likewise personal to you, and publishing, posting, forwarding, or otherwise sharing either of them with any other person is a material breach of these Terms. Any purported transfer, duplication, or unauthorized sharing of a claim, discount code, or booking reference is void and constitutes a material breach of these Terms.

• Limited Availability; No Guarantee. Deals are offered on a first-come, first-served basis and are subject to limited quantities as determined by the applicable merchant. Denver Deals makes no representation or warranty that any particular Deal will be available at the time you access the Service, that a merchant will continue to offer any particular Deal for any period of time, or that inventory, capacity, or other merchant resources will remain available to fulfill a claimed Deal at any given time. A merchant may shorten or extend a Deal’s posted end time while the Deal is live; any claim you have already made, and its Redemption Window, are unaffected by such a change.

• Location Permissions and Data Processing. Certain features of the Service, including the ability to claim and redeem Deals, depend on the collection and processing of your device’s location data. You must grant all required device-level permissions for location-based features to function. Background location data is collected only after you actively claim a Deal and only for so long as is necessary to determine whether your arrival at the claimed merchant location has been verified, until your Redemption Window for a Flash Deal expires, until the active daily posting window for a Daily Deal closes, or until the Deal is cancelled or redeemed, whichever occurs first. Claiming a Booking Deal does not cause any background location collection, and you may claim and use a Booking Deal with location services switched off entirely. The collection and use of your location data is governed by our Privacy Policy. If you deny, restrict, or revoke location permissions at any time, certain features of the Service, including the ability to claim or redeem certain Deals, may not function properly or at all, and Denver Deals shall bear no liability for any resulting inability to access or use such features.

• Age-Restricted Deals. Certain Deals may involve alcohol, tobacco, cannabis where permitted by law, or other goods or services that are subject to minimum age requirements or other legal eligibility restrictions under applicable law (“Age-Restricted Deals”). By claiming or redeeming an Age-Restricted Deal, you represent and warrant that you satisfy all applicable legal age and eligibility requirements for the relevant goods or services in the jurisdiction where redemption occurs. Merchants are solely responsible for verifying a User’s age, identity, and legal eligibility at the point of redemption in compliance with all applicable laws. Denver Deals shall bear no liability for any Age-Restricted Deal transaction or for any merchant’s failure to comply with applicable age-verification laws.

5. Merchant Responsibilities; Limitation of Denver Deals’ Liability for Merchant Conduct

Merchants participating in the Service are independently owned and operated third parties. Denver Deals does not control, supervise, endorse, or assume any responsibility for merchants or for the goods and services they offer through the Service. Denver Deals expressly disclaims all responsibility for the quality, safety, legality, accuracy, availability, pricing, advertising, or fulfillment of any merchant’s goods or services, and for any dispute arising between you and a merchant. Any purchase, transaction, consumption, use, or redemption is solely between you and the applicable merchant, and Denver Deals is not a party to any such transaction. All disputes arising from merchant transactions or Deal redemptions must be resolved directly with the merchant. Denver Deals may, in its sole discretion and without obligation, offer mediation assistance or customer support to facilitate resolution of a merchant dispute, but makes no representation that any such assistance will result in a favorable outcome, and shall not be liable for any failure to resolve any such dispute.

6. Acceptable Use Policy

As a condition of your access to and use of the Service, you agree that you will not, and will not permit any third party to:

• Use the Service for any purpose that is unlawful, fraudulent, deceptive, or prohibited by these Terms or any applicable local, state, federal, or international law or regulation.
• Attempt to circumvent, bypass, manipulate, or tamper with the proximity requirements, location-verification systems, single-claim restrictions, arrival-screen authentication, or Redemption Window rules described in these Terms, including without limitation through GPS spoofing, VPN manipulation, use of emulators or virtual devices, screenshots, screen recording, automated scripts, relays, or any other technical or non-technical workaround.
• Reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to derive or extract the source code, underlying algorithms, or architecture of any part of the Service.
• Access, monitor, index, or interact with the Service or any portion thereof using any automated means, including without limitation robots, bots, scrapers, crawlers, spiders, or scripts, or in any manner not expressly permitted by Denver Deals.
• Impersonate any person or entity, create a false identity, misrepresent your identity or affiliation with any person or entity, or engage in any form of identity fraud in connection with the Service.
• Interfere with, disrupt, or attempt to gain unauthorized access to the Service, its servers, networks, or systems, or with the use and enjoyment of the Service by any other User.
• Upload, transmit, or distribute any malicious code, viruses, Trojan horses, worms, time bombs, or any other software, device, or routine that is designed to disrupt, damage, or interfere with the proper functioning of the Service or any connected system.
• Generate fraudulent or unauthorized claims, redeem Deals for the purpose of commercial resale or arbitrage, abuse promotions, or otherwise exploit the Service, its systems, merchants, or other Users in a manner inconsistent with the intended purpose of the Service or that constitutes bad faith conduct.
• Upload, submit, post, transmit, or otherwise make available any content that: (i) infringes or misappropriates any intellectual property right, right of publicity, or other proprietary right of any third party; (ii) is defamatory, libelous, harassing, threatening, abusive, discriminatory, obscene, pornographic, or otherwise objectionable; (iii) violates any applicable law or regulation; or (iv) constitutes unsolicited commercial communications (spam).

Denver Deals reserves the right to investigate any actual or suspected violation of this Section 6. Without limiting any other available remedies, Denver Deals may, at any time and without prior notice, suspend, restrict, or permanently terminate any User’s account, remove or disable any content, cancel claims, and take such other remedial action as Denver Deals deems appropriate, if Denver Deals reasonably believes that such User has violated any provision of this Section 6 or has otherwise engaged in fraudulent, abusive, or unlawful activity in connection with the Service. Denver Deals’ exercise of its rights under this Section shall not create any obligation to take action against any other User or in any other circumstance.

7. Intellectual Property Rights

Ownership. The Service and all content, features, and functionality made available through the Service, including without limitation all software, code, designs, text, graphics, logos, images, audio, video, data compilations, and trademarks (collectively, the “Company Materials”), are owned by Denver Deals or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. No right, title, or interest in or to the Company Materials is transferred to you by virtue of your use of the Service.

Limited License. Subject to your compliance with these Terms, Denver Deals grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Service solely for your personal, non-commercial use and in accordance with these Terms. Any use of the Service beyond the scope of this license is strictly prohibited. All rights not expressly granted herein are reserved by Denver Deals and its licensors.

User-Submitted Content. User-submitted content (including, without limitation, merchant logos, Deal descriptions, images, and promotional materials) remains owned by the submitting party. By submitting, uploading, or otherwise making available any content through the Service, you grant Denver Deals a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, display, reproduce, distribute, modify, adapt, publish, translate, and otherwise use such content in connection with the operation, improvement, marketing, and promotion of the Service and Denver Deals’ business, in any media or formats now known or hereafter developed, for so long as such content remains associated with the Service. You represent and warrant that you own or have all necessary rights to grant the foregoing license, and that the content does not violate any third-party rights or applicable law.

8. Disclaimers of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DENVER DEALS AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. DENVER DEALS DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) ANY DEAL WILL BE AVAILABLE, HONORED, ACCURATELY DESCRIBED, OR ERROR-FREE; (E) ANY MERCHANT OFFER IS ACCURATE, LAWFUL, SAFE, OR SUITABLE FOR ANY PURPOSE; OR (F) LOCATION VERIFICATION, ARRIVAL DETECTION, PROXIMITY CHECKING, OR ANY OTHER TECHNOLOGY-BASED FEATURE OF THE SERVICE WILL OPERATE WITHOUT DELAY, INTERRUPTION, OR ERROR. DENVER DEALS DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY MERCHANT, OR ANY GOODS, SERVICES, PROMOTIONS, OR OFFERS MADE AVAILABLE THROUGH THE SERVICE, INCLUDING ANY ALCOHOL-RELATED OR OTHER AGE-RESTRICTED PROMOTIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

9. Limitation of Liability

Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DENVER DEALS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), ARISING OUT OF OR RELATING TO: (I) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE; (II) ANY DEAL OR MERCHANT OFFERING; (III) ANY CONDUCT OF ANY USER OR MERCHANT IN CONNECTION WITH THE SERVICE; (IV) ANY CLAIM OR REDEMPTION DISPUTE; OR (V) ANY FAILURE OF LOCATION VERIFICATION, ARRIVAL DETECTION, PROXIMITY CHECKING, OR OTHER TECHNOLOGY-BASED FEATURE, EVEN IF DENVER DEALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Aggregate Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DENVER DEALS’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED UNITED STATES DOLLARS (US$100.00); OR (B) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO DENVER DEALS IN THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Essential Basis. YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 9 REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DENVER DEALS, AND THAT DENVER DEALS WOULD NOT ENTER INTO THESE TERMS WITHOUT SUCH LIMITATIONS.

Jurisdictional Limitations. Some jurisdictions do not permit the exclusion or limitation of certain categories of damages or the disclaimer of certain implied warranties. Accordingly, some of the limitations and disclaimers set forth in Sections 8 and 9 of these Terms may not apply to you to the extent prohibited by the law of your jurisdiction. In such jurisdictions, Denver Deals’ liability shall be limited to the greatest extent permitted by applicable law.

10. Indemnification

Indemnification Obligation. You agree, at your own expense, to indemnify, defend, and hold harmless Denver Deals and its officers, directors, employees, agents, affiliates, licensors, and service providers (each, an “Indemnified Party”) from and against any and all claims, actions, proceedings, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your access to or use of the Service; (b) your violation of any provision of these Terms; (c) your violation of any applicable law or regulation; (d) your infringement or misappropriation of any intellectual property or other right of any third party; (e) any content you submit, upload, or transmit through the Service; or (f) any dispute between you and a merchant or other User.

Indemnification Procedure. Denver Deals reserves the right, at its own expense, to assume exclusive control of the defense and settlement of any matter otherwise subject to indemnification by you. You agree to cooperate fully with Denver Deals in the defense of any such claim and not to settle any such matter without Denver Deals’ prior written consent. Denver Deals will use reasonable efforts to notify you of any such claim upon becoming aware of it.

11. Term and Termination

Term. These Terms shall remain in effect for the duration of your use of the Service.

Termination by You. You may terminate your account and discontinue use of the Service at any time by following the account deletion procedure available within the application. Termination of your account does not relieve you of any obligations incurred prior to termination.

Termination by Denver Deals. Denver Deals reserves the right, in its sole and absolute discretion, to suspend, restrict, or permanently terminate your access to the Service at any time, with or without notice and with or without cause, including, without limitation, for violation of these Terms, suspected fraudulent or unlawful activity, technical or security issues, or extended periods of inactivity.

Effect of Termination. Upon termination of your account for any reason: (i) your right to access and use the Service will immediately cease; (ii) all pending claims may be voided at Denver Deals’ discretion; and (iii) Denver Deals may, but is not obligated to, delete your account data in accordance with its data retention policies and applicable law.

Survival. The following sections shall survive the expiration or termination of these Terms for any reason: Section 7 (Intellectual Property Rights), Section 8 (Disclaimers of Warranties), Section 9 (Limitation of Liability), Section 10 (Indemnification), Section 12 (Governing Law and Dispute Resolution), and any other provisions that by their nature should survive termination.

12. Governing Law and Dispute Resolution

Governing Law. These Terms and any dispute, claim, or controversy arising out of or relating to these Terms or the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any conflict-of-laws principles that would require the application of the laws of another jurisdiction.

Informal Dispute Resolution. Before initiating any formal legal proceeding, the parties agree to attempt to resolve any dispute informally. You must send a written notice of your dispute to Denver Deals at support@denverdeals.app, describing the nature and basis of the claim and the relief sought. Denver Deals will respond within thirty (30) days. If the parties are unable to resolve the dispute within sixty (60) days after the notice is sent, either party may pursue formal legal remedies.

Exclusive Venue. If informal resolution is unsuccessful, the exclusive venue for any legal action or proceeding arising out of or relating to these Terms or the Service shall be the state courts of competent jurisdiction sitting in Denver County, Colorado, or the United States District Court for the District of Colorado, and each party hereby irrevocably consents to the personal jurisdiction of those courts and waives any objection to the laying of venue in those courts.

WAIVER OF JURY TRIAL. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND DENVER DEALS EACH WAIVE ANY RIGHT TO A JURY TRIAL IN ANY ACTION, PROCEEDING, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

13. SMS and Voice Messaging Terms

Program Description. As part of merchant onboarding, Denver Deals operates a business phone verification program through which a one-time passcode (“OTP”) is delivered by SMS text message or automated voice call to the publicly listed telephone number of the business being registered, for the sole purpose of confirming that the registering User represents that business. Messages sent under this program are transactional, account-verification messages only. Denver Deals does not send marketing or promotional text messages under this program.

Consent. A verification message is sent only when you request one through the “Verify your business” flow in the Service. By requesting a verification code, you consent to receive a one-time verification message at the business telephone number displayed to you. Consent to receive verification messages is not a condition of purchasing any goods or services.

Message Frequency. Message frequency is one (1) message per verification request. You will not receive recurring messages under this program.

Fees. Message and data rates may apply. Any such charges are determined by your mobile carrier and are your sole responsibility.

Opt-Out. You may opt out of SMS messages at any time by replying STOP to any message you receive from us, after which you will receive a single message confirming your opt-out and no further messages will be sent to that number unless you opt back in by replying START. Opting out may prevent you from completing phone-based business verification; in that case, you may verify by automated voice call or contact us at support@denverdeals.app to arrange an alternative verification method.

Help. For assistance, reply HELP to any message you receive from us or contact us at support@denverdeals.app.

Carrier Disclaimer. Mobile carriers are not liable for delayed or undelivered messages. Message delivery is subject to your mobile carrier’s network availability and effective transmission.

Privacy. Mobile telephone numbers and SMS opt-in and consent data will not be shared with, or sold to, any third party or affiliate for marketing or promotional purposes. For more information about how we collect, use, and protect your information, see our Privacy Policy at denverdeals.app/privacy.

14. Modifications to These Terms

Denver Deals reserves the right, in its sole discretion, to modify, amend, or replace these Terms at any time. When changes are made, Denver Deals will update the “Effective Date” and “Last Revised” date at the top of these Terms and post the updated Terms at denverdeals.app/terms. For material changes, Denver Deals will use commercially reasonable efforts to provide advance notice through the application, by push notification, or by email to the address associated with your account. It is your responsibility to review these Terms periodically. Your continued access to or use of the Service following the posting of any modifications to these Terms constitutes your binding acceptance of such modifications. If you do not agree to the modified Terms, you must immediately cease using the Service and delete your account.

15. General Provisions

Entire Agreement. These Terms, together with the Privacy Policy and any other agreements expressly incorporated herein by reference, constitute the entire agreement between you and Denver Deals with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, relating to the Service.

Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, such provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

Waiver. No failure or delay by Denver Deals in exercising any right, power, or remedy under these Terms shall operate as a waiver of such right, power, or remedy. No waiver of any provision of these Terms shall be effective unless made in writing and signed by an authorized representative of Denver Deals.

Assignment. You may not assign, transfer, or delegate any of your rights or obligations under these Terms without Denver Deals’ prior written consent. Denver Deals may freely assign these Terms and any of its rights and obligations hereunder without your consent. Any purported assignment in violation of this provision is null and void.

No Third-Party Beneficiaries. These Terms are for the sole benefit of you and Denver Deals and do not create any third-party beneficiary rights.

Force Majeure. Denver Deals shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, pandemics, government action, labor disputes, power failures, or internet or telecommunications outages.

Contact Information. For questions, concerns, or notices regarding these Terms, please contact Denver Deals at:

The O’Connor Company LLC d/b/a Denver Deals Denver, Colorado Email: support@denverdeals.app