These Terms of Service (“Terms”) govern your access to and use of the websites, forms, software-enabled features, and services offered under the Regulars brand (collectively, the “Services”). Regulars is operated by Chaaropik LLC (“Regulars,” “we,” “us,” or “our”). By accessing or using the Services, purchasing a subscription, or otherwise accepting these Terms, you agree to these Terms. If you do not agree, do not use the Services.
1. Acceptance of Terms
By accessing or using the Services, you acknowledge that you have read, understood, and agreed to these Terms and our Privacy Policy, available at link
If you accept these Terms on behalf of a business, you represent that you have authority to bind that business. In that case, "you" and "your" refer to the business.
2. Eligibility
You must be at least 18 years old and legally able to enter into a binding agreement to use the Services. The Services are intended for businesses and their authorized representatives, not for personal or household use by children.
3. Services Provided
Regulars provides a done-for-you customer comeback and retention service for restaurants. The Services may include setup, guest opt-in tools, restaurant-approved offer creation, email and text campaigns, staff launch guidance, and reporting on contacts, campaign activity, and tracked offer redemptions.
4. Account Creation and Security
You may be required to create an account or provide access to approved business systems to receive certain Services.
You are responsible for keeping your credentials confidential and for activity under your account.
You must promptly notify us of suspected unauthorized access or use.
You may provide access only to people authorized to act for your business.
5. Payment Terms
Subscription price: You agree to pay the subscription price presented to and accepted by you when you enroll in Regulars. Website prices are starting prices unless expressly stated otherwise.
Payment method: Payments may be processed by a third-party payment provider. You authorize us and that provider to charge the payment method you supply for amounts due.
Subscriptions: Regulars subscriptions renew automatically for successive billing periods until canceled. We will charge your payment method on file at the beginning of each billing period.
Cancellation timing: You may cancel before your next renewal date to avoid the next recurring subscription charge. Cancellation takes effect at the end of the current paid billing period and does not refund amounts already paid or owed.
Usage and pass-through charges: Usage-based charges and pass-through costs are billed in addition to the subscription price. These charges may include text messages, multimedia messages, email delivery, phone calls, telephone-number rental, carrier registration or compliance fees, payment-processing or transaction fees and other third-party services used to provide your Services. Charges vary based on actual usage and third-party provider rates, which may change. By using these billable features, you authorize us to charge these amounts to your payment method.
Taxes: Prices exclude applicable taxes unless stated otherwise. You are responsible for taxes associated with your purchase, other than taxes based on our net income.
Failed or late payments: We may suspend Services after reasonable notice if an amount remains overdue.
6. Refund Policy
Except where applicable law requires otherwise, fees are non-refundable once the applicable billing period or work has begun. If you believe the Services were not delivered as described, notify us promptly using the contact information in Section 26 so we can review the issue.
Custom work, completed work, third-party charges, and usage-based charges are non-refundable to the extent permitted by law. Any approved refund will be made to the original payment method.
7. Changes to Services and Pricing
We may improve, modify, or discontinue parts of the Services. We may also change pricing for a future billing period. We will provide reasonable advance notice of a material change that affects an active paid subscription. Changes do not alter fees already agreed for a current billing period unless you agree otherwise.
8. Termination of Use
By you: You may stop using the Services or cancel a subscription as described in Section 5.
By Regulars: We may suspend or terminate access for nonpayment, unlawful or abusive conduct, a material breach of these Terms, security risk, or conduct that could harm recipients, clients, service providers, or the Services.
Effect of termination: Outstanding amounts remain due. Provisions that by their nature should survive termination—including payment obligations, intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and privacy obligations—will survive.
Data after termination: Data will be handled according to our Privacy Policy and legal retention requirements. Termination does not necessarily result in immediate deletion from all systems or backups.
9. Limitation of Liability
To the fullest extent permitted by law, Regulars and its affiliates, officers, employees, contractors, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenue, goodwill, business opportunities, or data, arising from or related to the Services.
To the fullest extent permitted by law, our total liability for all claims arising from or related to the Services will not exceed the amount you paid to Regulars for the Services during the six months immediately before the event giving rise to the claim.
These limitations do not apply where applicable law prohibits them.
10. General Disclaimer
Regulars provides tools and done-for-you services intended to help restaurants communicate with customers and encourage repeat visits. We do not guarantee revenue, profit, customer participation, redemption volume, return visits, or any other specific result. Results depend on factors outside our control, including the restaurant's audience, offers, operations, customer preferences, market conditions, and compliance with applicable laws.
Reporting may depend on the information available to us and the tracking methods used. A reported redemption or campaign response may not establish that the Services were the sole cause of a purchase or visit.
11. Disclaimers of Warranties
To the fullest extent permitted by law, the Services are provided "as is" and "as available." We disclaim all express, implied, and statutory warranties, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranty that the Services will be uninterrupted, error-free, or achieve a particular result.
You are responsible for reviewing and approving offers, messages, audience selections, and material business decisions before they are used.
12. Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.
Before filing a formal claim, each party agrees to give the other written notice describing the dispute and to try in good faith for 30 days to resolve it informally.
Except for a claim eligible for small-claims court or a request for temporary or injunctive relief relating to intellectual property, confidentiality, security, or unauthorized use, disputes arising from these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association under its applicable rules. Arbitration will take place in Fremont, California, unless the parties agree to a remote proceeding or another location.
To the extent permitted by law, claims must be brought individually and not as part of a class, collective, consolidated, or representative action. Each party waives the right to a jury trial for claims subject to arbitration.
13. Intellectual Property
Regulars and its licensors own the Services, website content, brand elements, software, templates, processes, and materials we create for general use, together with all related intellectual property rights.
Subject to payment of all amounts due, you may use final campaign materials specifically created for your restaurant during the applicable service term for your internal business and customer-marketing purposes. This permission does not transfer ownership of our underlying tools, templates, methods, software, or brand unless we expressly agree otherwise in writing.
You retain ownership of content, trademarks, menus, customer data, and other materials you provide to us. You grant us a limited license to use those materials only as needed to provide, secure, support, and improve the Services and as otherwise permitted by your written instructions.
14. Beta Testing
We may offer preview, pilot, or beta features. They may be changed or discontinued at any time and are provided "as is." Do not use a beta feature for critical operations unless we expressly agree otherwise in writing.
15. Data Security
We use reasonable administrative, technical, and organizational safeguards designed to protect information handled through the Services. No system is completely secure, and we cannot guarantee absolute security.
You are responsible for using reasonable safeguards for your accounts, devices, credentials, customer information, and any systems you connect to the Services.
16. Privacy Policy
Our collection and use of personal information is described in our Privacy Policy at link. When we process restaurant guest information on your behalf, each party will comply with its responsibilities under applicable privacy, marketing, and communications laws and any applicable data-processing terms.
17. Modifications to Terms
We may update these Terms from time to time. We will post the revised Terms with a new effective date and provide additional notice of material changes when required by law or when reasonably appropriate. Changes apply prospectively. Continued use after the effective date of revised Terms constitutes acceptance to the extent permitted by law.
18. User Responsibilities
You agree that you will:
provide accurate information and lawful instructions;
review and approve offers and campaign content before launch when approval is requested;
honor offers you approve and clearly disclose material restrictions;
obtain and maintain all rights, permissions, and consents needed for data and customer lists you provide;
use the Services only for lawful business purposes;
not upload purchased, scraped, or unlawfully obtained contact lists;
not send or direct us to send communications to people who have opted out or whose consent is otherwise invalid;
promptly tell us about opt-outs, complaints, or facts affecting a recipient's eligibility to receive communications; and
not disrupt, reverse engineer, misuse, or attempt unauthorized access to the Services.
You are responsible for your restaurant operations, menu, pricing, offer fulfillment, employee conduct, licenses, taxes, and legal compliance.
19. Third-Party Tools and Services
The Services may rely on third-party providers for hosting, communications, analytics, payments, forms, scheduling, and related functions. Third-party services may have their own terms and privacy practices. We are not responsible for a third party's independent acts, outages, changes, or services outside our reasonable control.
20. Force Majeure
Neither party will be liable for a delay or failure caused by events beyond its reasonable control, including natural disasters, severe weather, labor disputes, internet or utility failures, provider outages, government actions, epidemics, war, terrorism, or civil unrest. Payment obligations for Services already provided are not excused.
21. Indemnification
To the fullest extent permitted by law, you will defend, indemnify, and hold harmless Regulars, Chaaropik LLC, and their affiliates, officers, employees, and contractors from third-party claims, damages, liabilities, penalties, and reasonable expenses arising from: (a) content, data, customer lists, or instructions you provide; (b) an offer, product, service, or representation made by your restaurant; (c) your violation of law, these Terms, or a third party's rights; or (d) your fraud, willful misconduct, or negligence.
We will promptly notify you of a covered claim and reasonably cooperate in the defense. You may not settle a claim in a way that admits fault by or imposes an obligation on an indemnified party without that party's written consent.
22. Entire Agreement
These Terms and the Privacy Policy constitute the entire agreement about the Services and supersede prior or contemporaneous discussions and representations about the same subject. A separate written agreement signed by both you and Regulars modifies these Terms only to the extent it expressly identifies the provision being changed.
23. Severability and Waiver
If a provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect. A failure to enforce a provision is not a waiver of the right to enforce it later.
24. Notification of Changes
We may notify you of material changes by email, through the Services, or by a prominent notice on our website. You are responsible for keeping your contact information current.
25. Communications Terms
If you provide a phone number or email address to Regulars, you may receive service-related communications. Marketing calls, texts, or emails will be sent only as permitted by applicable law and the consent presented at the point of collection.
Message frequency may vary. Message and data rates may apply. You can opt out of marketing texts by replying STOP and opt out of marketing emails by using the unsubscribe link. You may ask us to stop marketing calls using the contact method provided during the call or in Section 26. Consent to marketing is not a condition of purchase.
Restaurant customers may receive communications on behalf of a restaurant using Regulars. The restaurant is responsible for the restaurant's offers and customer relationship; Regulars may act as a service provider delivering communications for that restaurant.
26. Contact Information
Questions or notices about these Terms may be directed to: