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Founders Night Out

Terms of Service

Last Updated: March 2026

Please read these Terms of Service carefully before using Founders Night Out services. By downloading the App, creating an account, subscribing, or attending any Founders Night Out event, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1.1 About Founders Night Out

Founders Night Out ("FNO," "we," "us," or "our") is a curated dinner series and experiential events brand designed for entrepreneurs, business owners, and founders. FNO connects like-minded individuals through intimate, in-person dining experiences and networking events in select cities worldwide.

FNO is a brand and operating division of JBX Holdings LLC, a Wyoming limited liability company ("JBX Holdings" or the "Company").

1.2 Contact Information

You can reach us at:

1.3 Definitions

Throughout these Terms, the following definitions apply:

  • "App" means the Founders Night Out mobile application, available for download on Apple's App Store and Google Play Store, which serves as the primary platform for registration, event booking, and subscription management.

  • "Platform" means the App, the FNO website (https://foundersnightout.com), and any associated digital properties operated by FNO through which users interact with the service.

  • "Event" or "Dinner" means any curated dinner, networking gathering, experience, or other in-person event organized or facilitated by FNO.

  • "Subscriber" means any individual who holds an active FNO Subscription.

  • "Subscription" means a recurring paid membership granting the Subscriber access to unlimited FNO Events during the active subscription period.

  • "Attendee," "Participant," or "Guest" means any individual who RSVPs for or attends an FNO Event.

  • "Venue" or "Restaurant" means the third-party establishment where an FNO Event takes place.

  • "RSVP" means a confirmed reservation by a Subscriber for a specific Event through the App.

  • "Content" means any text, images, video, audio, or other material shared on or through the Platform.

2. ACCEPTANCE OF TERMS

By downloading the App, creating an account, subscribing to any FNO plan, RSVPing for an Event, or attending any FNO Event, you agree to be bound by these Terms of Service (the "Terms"), our Privacy Policy, and any additional terms or guidelines referenced herein (collectively, the "Agreement").

If you do not agree with all of these Terms, you must not use the Platform or attend any Events.

We reserve the right to modify these Terms at any time. Material changes will be communicated via email, push notification, or through the Platform at least thirty (30) days before taking effect. If you disagree with the modified Terms, you must cancel your Subscription before the next renewal date. Your continued use of the Platform or attendance at Events after the effective date of any changes constitutes acceptance of the modified Terms.

3. ALIGNMENT WITH THIRD-PARTY STORE TERMS

If you download the App through Apple's App Store or Google Play Store (each, a "Third-Party Store"), you acknowledge and agree that:

  • These Terms are between you and FNO only, not with the Third-Party Store operator. The Third-Party Store is not a party to these Terms.

  • The Third-Party Store has no obligation to provide maintenance, support, or warranty services for the App.

  • FNO, not the Third-Party Store, is solely responsible for the App and the Services provided through it.

  • In the event of a conflict between the Third-Party Store's terms and these Terms, the Third-Party Store's terms shall prevail with respect to your use of the store.

  • The Third-Party Store operator and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

  • You represent that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. government list of prohibited or restricted parties.

4. ELIGIBILITY

To create an account and use FNO services, you must meet the following requirements. By using our services, you represent and warrant that:

  • You are at least 18 years of age, or the minimum legal age to enter into a binding contract in your jurisdiction, whichever is higher.

  • You are a natural person (not a corporation, partnership, or other legal entity) acting on your own behalf.

  • You are a current or aspiring entrepreneur, business owner, founder, or professional whose participation aligns with the spirit of the FNO community.

  • You have the legal capacity to enter into a binding contract.

  • You have not previously been banned, suspended, or removed from FNO Events or the Platform, unless expressly authorized in writing by FNO to create a new account.

  • You are not prohibited by applicable law from using our services or attending our Events.

FNO reserves the right to verify eligibility at any time and to deny or revoke access to anyone who does not meet these requirements, at our sole discretion. If you no longer meet these requirements, your right to access the Platform is automatically revoked, and we may terminate your account without notice.

5. ACCOUNT REGISTRATION AND SECURITY

5.1 Accurate Information

When creating an account through the App, you agree to provide accurate, current, and complete information, including your name, email address, phone number, professional background, and city of residence. You agree to update your information promptly if it changes. Providing false or misleading information is grounds for immediate account termination.

5.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately at support@foundersnightout.com if you suspect any unauthorized use of your account or any other breach of security.

5.3 One Account Per Person

Each individual may maintain only one active FNO account. Creating multiple accounts is prohibited and may result in the termination of all associated accounts without refund.

5.4 Account Deletion

You may request deletion of your account at any time through the following methods:

  • In the App: Navigate to Profile > Settings > Delete Account and follow the on-screen prompts.

  • By Email: Contact support@foundersnightout.com with the subject line "Account Deletion Request."

Account deletion requests will be processed within thirty (30) days of receipt. Upon deletion, your profile, personality data, messages, and connection data will be removed, subject to the data retention periods described in our Privacy Policy at https://foundersnightout.com/privacy. Deletion of your account will also cancel any active Subscription.

6. SUBSCRIPTION PLANS AND BILLING

6.1 Subscription Plans

FNO offers subscription-based access to Events. Subscribers may attend unlimited Events during their active subscription period, subject to availability and RSVP confirmation. FNO offers the following billing cycles:

  • Monthly: Billed every month, renews automatically.

  • Quarterly: Billed every three (3) months, renews automatically.

  • Semi-Annual: Billed every six (6) months, renews automatically.

  • Annual: Billed every twelve (12) months, renews automatically.

Subscription pricing is displayed in the App at the time of purchase in the applicable local currency. Prices may vary by region and are subject to change. Any price changes will be communicated at least thirty (30) days before your next renewal date.

6.2 Automatic Renewal and Disclosure

ALL SUBSCRIPTIONS RENEW AUTOMATICALLY AT THE END OF EACH BILLING CYCLE UNLESS CANCELED BEFORE THE RENEWAL DATE. By subscribing, you authorize FNO (or the applicable Third-Party Store) to charge the applicable subscription fee to your designated payment method at the start of each renewal period. You are responsible for ensuring your payment information is current.

Before completing your Subscription purchase, you will be presented with a clear summary of the automatic renewal terms, including the renewal price, billing frequency, and instructions for cancellation. By completing the purchase, you provide your affirmative consent to automatic renewal on these terms.

Renewal reminders will be sent via email or push notification prior to each renewal date. These reminders will include the renewal date, amount to be charged, and instructions for cancellation.

6.3 Payment Methods

FNO may offer multiple payment methods for your convenience. The available payment methods are as follows:

Stripe (Primary Payment Method): Subscriptions purchased through the App or the FNO website are currently processed by Stripe, a PCI-compliant third-party payment processor. FNO does not store your full payment credentials. By submitting payment, you represent that you are authorized to use the payment method provided. Stripe supports a variety of payment methods, including credit cards, debit cards, Apple Pay, and Google Pay.

In-App Purchases (App Store / Google Play): FNO may, at its discretion, offer the option to subscribe through Apple's App Store or Google Play Store in-app purchase systems. If this option is available and you choose to subscribe through a Third-Party Store, payments are processed by Apple or Google, as applicable. FNO does not process payments or store your payment credentials for in-app purchases. All billing inquiries, refund requests, and payment disputes related to in-app purchases must be directed to the respective store:

The availability of specific payment methods may vary by platform and region. FNO reserves the right to add or remove payment methods at any time.

6.4 Cancellation Must Be No Harder Than Signup

FNO is committed to providing a cancellation process that is at least as easy as the signup process. You may cancel your Subscription through the App with the same number of steps required to subscribe, through the Third-Party Store subscription management settings (if applicable), or by contacting support@foundersnightout.com. Cancellation will be confirmed promptly via email.

6.5 Promotional Offers

FNO may from time to time offer discounts, promotional codes, or special pricing. Such offers are subject to specific terms and conditions, are valid only during the stated promotional period, cannot be combined with other offers unless expressly permitted, and may not be applied retroactively to existing subscriptions.

6.6 Taxes and Fees

Subscription prices may be exclusive of applicable sales tax, VAT, GST, or other taxes depending on your jurisdiction. Any such taxes or fees will be calculated and displayed at the time of purchase. Currency conversion fees or bank charges imposed by your financial institution are your responsibility.

7. EVENT RESERVATIONS AND RSVPS

7.1 Booking Events

Active Subscribers may RSVP for available Events through the App. RSVPs are subject to availability and are confirmed on a first-come, first-served basis. FNO reserves the right to limit the number of Attendees at any Event to ensure quality and an intimate experience.

7.2 Event Details

The specific Venue and location for each Event will be communicated to confirmed Attendees via the App or email, typically within 24 to 48 hours prior to the Event. FNO reserves the right to change the Venue, date, time, or other Event details due to unforeseen circumstances, availability constraints, or for any other reason at our discretion. We will make reasonable efforts to notify affected Attendees of any material changes as soon as practicable.

7.3 Cost of Food and Beverages

Your Subscription covers the cost of the curated experience, event facilitation, and community access. It does not include the cost of food, beverages (alcoholic or non-alcoholic), gratuity, tax, transportation, or any other incidental expenses at the Venue, all of which are the sole responsibility of the Attendee.

7.4 Guest Policy

Unless otherwise specified for a particular Event, RSVPs are individual and non-transferable. Attendees may not bring additional guests who do not hold their own active FNO Subscription and a confirmed RSVP for that Event.

7.5 No Guarantees

While we strive to provide meaningful connections and curated experiences, FNO cannot guarantee:

  • A specific gender ratio, age range, or group size at any Event.

  • Compatibility with other Attendees.

  • That you will not be seated with Attendees you have previously met, especially if no feedback was provided or positive feedback was given about prior interactions.

8. CANCELLATION, NO-SHOW, AND SUBSCRIPTION TERMINATION

8.1 RSVP Cancellations

You may cancel an Event RSVP through the App. Cancellations made at least two (2) days (48 hours) before the Event will not result in any penalty. Late cancellations (less than 48 hours before the Event) will result in a penalty, which may include a temporary restriction on your ability to RSVP for new Events.

8.2 No-Shows

Failure to attend an Event for which you have confirmed an RSVP without canceling at least 48 hours in advance (a "No-Show") will result in a penalty. Penalties for No-Shows may include a temporary restriction on your ability to RSVP for new Events, and repeated No-Shows or late cancellations will result in suspension or permanent banning from the Platform, at FNO's sole discretion. A pattern of No-Shows undermines the experience for other Attendees and the Venues that prepare for confirmed guests.

8.3 Subscription Cancellation by You

You may cancel your Subscription at any time through the App, the Third-Party Store subscription management settings (if applicable), or by contacting us at support@foundersnightout.com.

  • Cancellation takes effect at the end of your current billing period. You will retain access to Events through the remainder of the period you have already paid for.

  • No partial refunds are issued for unused portions of a billing period, except where required by applicable law (see Section 9, Withdrawal Rights).

  • If you subscribed via a Third-Party Store (App Store or Google Play), you must cancel through the respective store's subscription management. FNO cannot cancel store-managed subscriptions on your behalf.

8.4 Subscription Cancellation by FNO

FNO may suspend or terminate your Subscription and account at any time, with or without notice, for:

  • Violation of these Terms or the Code of Conduct.

  • Repeated No-Shows or late cancellations.

  • Fraudulent, abusive, or harmful behavior.

  • Failure to pay subscription fees.

  • Any other reason at FNO's reasonable discretion.

If FNO terminates your Subscription due to a violation by you, no refund will be issued. If FNO terminates your Subscription for reasons unrelated to your conduct, you will receive a pro-rata refund for the unused portion of your current billing period.

8.5 Event Cancellation by FNO

FNO reserves the right to cancel any Event at any time for any reason, including but not limited to insufficient RSVPs, Venue unavailability, weather, safety concerns, or force majeure. If FNO cancels an Event, affected Subscribers will be notified through the App or email and may RSVP for an alternative Event. Since Subscriptions provide unlimited Event access, individual Event cancellations do not entitle Subscribers to a refund of subscription fees.

9. WITHDRAWAL RIGHTS

9.1 Global Withdrawal Policy

FNO honors a fourteen (14) calendar day withdrawal (cooling-off) period for all Subscribers, regardless of location. You have the right to withdraw from your Subscription within 14 days of the date of purchase, without providing any reason, and receive a full refund.

9.2 How to Exercise Your Withdrawal Right

To withdraw, send a clear statement expressing your intent to withdraw to support@foundersnightout.com within 14 calendar days of your initial Subscription purchase date. Your statement should include your full name, email address associated with your account, and the date of purchase.

9.3 Refund Processing

Once we receive your withdrawal notice:

  • If you subscribed via the FNO website or App (Stripe), your refund will be processed to your original payment method within fourteen (14) calendar days.

  • If you subscribed via the App Store or Google Play, you must submit your refund request directly to the respective store, as FNO does not control in-app payment processing.

9.4 Early Use of Services

If you request that your Subscription begin immediately and you attend one or more Events during the withdrawal period, you acknowledge that you will be charged a proportional amount for the services consumed up to the point of withdrawal. This proportional charge will be deducted from your refund. At the point of purchase, you will be asked to expressly acknowledge this condition before your Subscription is activated.

9.5 EU, EEA, and UK Residents

If you are a resident of the European Union, the European Economic Area, or the United Kingdom, these withdrawal rights are provided in accordance with the EU Consumer Rights Directive (2011/83/EU) and the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, as applicable. By requesting immediate access to the service during the withdrawal period, you expressly acknowledge that you may lose your right to a full withdrawal to the extent that services have been provided. This express acknowledgment will be obtained separately at the point of purchase.

9.6 Brazilian Residents

If you are a resident of Brazil, you are entitled to a seven (7) calendar day withdrawal period from the date of purchase in accordance with Article 49 of the Codigo de Defesa do Consumidor (CDC). The global 14-day withdrawal period offered in Section 9.1 exceeds and therefore satisfies this requirement.

10. ATTENDEE CONDUCT AND COMMUNITY STANDARDS

10.1 Code of Conduct

FNO is built on a foundation of respect, inclusivity, and genuine connection. By attending any FNO Event, you agree to:

  • Treat all Attendees, FNO staff, and Venue personnel with courtesy, dignity, and respect.

  • Refrain from any form of harassment, discrimination, intimidation, or threatening behavior based on race, gender, sexual orientation, religion, national origin, disability, age, or any other protected characteristic.

  • Consume alcohol responsibly. Intoxication that disrupts the Event or endangers others will result in immediate removal.

  • Comply with all Venue rules, local laws, and applicable regulations.

  • Respect the privacy and boundaries of other Attendees.

  • Refrain from aggressive selling, pitching, recruiting, or solicitation of other Attendees during Events, unless invited to do so in the natural course of conversation.

10.2 Prohibited Activities

You agree not to:

  • Misrepresent your identity, professional background, or business affiliations.

  • Attend under the influence of illegal substances.

  • Engage in any unlawful activity during or in connection with an Event.

  • Record, photograph, or livestream other Attendees without their express consent.

  • Distribute unsolicited marketing materials, business cards en masse, or promotional items at Events.

  • Use FNO Events as a platform for political campaigning, religious proselytizing, or multi-level marketing recruitment.

  • Use the Platform to send spam, chain messages, or unsolicited commercial communications to other users.

  • Attempt to reverse-engineer, decompile, scrape, or exploit the App or Platform for any unauthorized purpose.

  • Create or use a false identity or impersonate any person or entity.

  • Solicit personal or financial information from other Attendees.

  • Share private or proprietary information of other Attendees without their authorization.

  • Develop third-party applications that interact with the Platform or App without written consent from FNO.

10.3 Sanctions

Violation of any of the above may result in one or more of the following, at FNO's sole discretion:

  • Verbal warning at the Event.

  • Immediate removal from the Event.

  • Temporary restriction on RSVP privileges.

  • Temporary or permanent suspension from the Platform and all future Events, without refund.

  • Reporting to law enforcement if the conduct involves illegal activity.

11. DIETARY RESTRICTIONS AND VENUE DISCLAIMERS

11.1 Food and Beverages

FNO does not prepare, cook, or serve food or beverages at Events. All food and beverage service is provided by the Venue. While we may share Attendee dietary preferences or restrictions with the Venue when possible, we cannot and do not guarantee:

  • The availability of specific menu items, dietary options, or cuisine types.

  • The absence of allergens, cross-contamination, or adherence to any specific dietary standard (including but not limited to gluten-free, vegan, vegetarian, kosher, halal, or allergy-free preparation).

  • The quality, taste, portion size, or safety of any food or beverages served.

11.2 Attendee Responsibility

If you have food allergies, sensitivities, or dietary restrictions, it is your responsibility to review the Venue's menu directly, inform Venue staff at the time of ordering, and take all necessary precautions to protect your health and safety. FNO shall not be held liable for any allergic reaction, illness, or injury arising from the consumption of food or beverages at an Event.

11.3 Venue Conditions

FNO does not own, operate, or control the Venues where Events are held. We are not responsible for the Venue's physical condition, accessibility, cleanliness, safety, service quality, or any actions or omissions of Venue staff. Any concerns regarding the Venue should be directed to the Venue management.

12. ASSUMPTION OF RISK AND LIMITATION OF LIABILITY

12.1 Assumption of Risk

By attending an FNO Event, you voluntarily assume all risks associated with your participation, including but not limited to:

  • Risks inherent in social dining and networking events.

  • Exposure to communicable diseases.

  • Risks related to travel to and from the Event Venue.

  • Risks arising from the consumption of food and beverages, including allergic reactions.

  • Risks arising from interactions with other Attendees, Venue staff, or third parties.

12.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FNO, JBX HOLDINGS LLC, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AND AFFILIATES (COLLECTIVELY, THE "FNO PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO:

  • Your use of or inability to use the Platform, App, or Events.

  • Any conduct or content of any Attendee or third party at an Event.

  • Any food, beverages, or services provided by a Venue.

  • Unauthorized access to or alteration of your account or data.

  • Any interruption, suspension, or termination of the Platform or App.

  • Any other matter related to the Platform, App, or Events.

12.3 Cap on Liability

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE FNO PARTIES EXCEED THE GREATER OF (A) THE TOTAL SUBSCRIPTION FEES YOU HAVE PAID TO FNO IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

12.4 No Warranties

THE PLATFORM, APP, AND EVENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FNO DOES NOT WARRANT THAT THE PLATFORM OR APP WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

12.5 Jurisdictional Consumer Protections

Nothing in these Terms is intended to exclude or limit any rights or remedies that you may have under the mandatory consumer protection laws of your jurisdiction that cannot be lawfully excluded or limited. Specifically:

  • Australian Residents: If you are a consumer within the meaning of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010), nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you may have under the Australian Consumer Law. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your Subscription and obtain a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

  • EU, EEA, and UK Residents: If you are a consumer in the European Union, European Economic Area, or the United Kingdom, you benefit from mandatory consumer protection provisions under the laws of your country of residence. Nothing in these Terms affects your statutory rights as a consumer under those laws.

  • Brazilian Residents: If you are a consumer in Brazil, you are protected by the Codigo de Defesa do Consumidor (CDC). Nothing in these Terms limits or waives any rights granted to you under the CDC, including your right to seek redress through PROCON or the Brazilian courts.

13. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the FNO Parties from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Platform, App, or attendance at any Event.

  • Your violation of these Terms or any applicable law, regulation, or third-party right.

  • Your Content or any information you provide to FNO.

  • Your interactions with other Attendees, Venue staff, or any third party.

  • Any dispute between you and another Attendee.

This indemnification obligation does not apply to the extent that the claim arises from FNO's own negligence, willful misconduct, or breach of these Terms, or where such indemnification is prohibited by the mandatory laws of your jurisdiction.

14. INTELLECTUAL PROPERTY

14.1 FNO Intellectual Property

The Platform and App, including all software, designs, text, graphics, logos, trademarks, service marks, images, audio, video, and other content (collectively, "FNO Content"), are owned by or licensed to JBX Holdings LLC and are protected by applicable copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and App for personal, non-commercial purposes in connection with your FNO Subscription.

14.2 Restrictions

You may not, without prior written consent from FNO:

  • Copy, modify, distribute, sell, lease, or create derivative works from any FNO Content or the App.

  • Use FNO trademarks, logos, or branding for any commercial purpose.

  • Frame, mirror, or use meta tags referencing FNO to redirect traffic to other websites or services.

  • Develop or use any third-party application that interacts with the Platform, App, or FNO Content without authorization.

  • Decompile, reverse-engineer, or disassemble the App or any component thereof.

14.3 User Content

If you submit, post, or transmit any content through the Platform (including reviews, testimonials, feedback, or social media posts referencing FNO), you grant FNO a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from such content in connection with promoting and operating FNO and the Platform.

15. PHOTOGRAPHY, VIDEO, AND IMAGE RELEASE

By attending an FNO Event, you acknowledge and agree that:

  • FNO and its authorized representatives may photograph, film, or record the Event for promotional, marketing, editorial, and social media purposes.

  • You grant FNO a perpetual, worldwide, royalty-free license to use your name, likeness, image, and voice as captured during Events in any media now known or hereafter developed, for the purpose of promoting FNO Events and the FNO brand.

  • If you do not wish to be photographed or recorded, you must notify the FNO event host in writing prior to the Event. While we will make reasonable efforts to accommodate your request, we cannot guarantee complete exclusion from all incidental captures in group settings.

  • You will not receive compensation for any use of your image, likeness, or voice by FNO.

15.1 Right to Withdraw Image Consent

Where applicable law grants you the right to withdraw consent for the use of your image (including under the EU General Data Protection Regulation, the UK Data Protection Act 2018, or the Brazilian Lei Geral de Protecao de Dados), you may do so at any time by contacting support@foundersnightout.com. Upon receipt of a valid withdrawal request:

  • FNO will cease use of your image in new promotional materials within a commercially reasonable timeframe.

  • Removal from previously published or widely distributed materials (including social media posts, printed materials, and archived content) may not be feasible, but FNO will make reasonable efforts where practicable.

  • Withdrawal of image consent does not affect the lawfulness of any use prior to the withdrawal.

16. PRIVACY AND DATA PROTECTION

FNO is committed to protecting your personal information. Our collection, use, storage, and disclosure of personal data is governed by our Privacy Policy, available at https://foundersnightout.com/privacy. The Privacy Policy is incorporated by reference into these Terms and provides comprehensive detail on our data practices, your rights, and how to exercise them.

16.1 Legal Bases for Data Processing

FNO processes your personal data on the following legal bases, as applicable under the GDPR, UK GDPR, LGPD, and similar data protection frameworks:

  • Contract Performance: Processing that is necessary to provide the services you have subscribed to, including managing your account, processing RSVPs, facilitating Events, and communicating Event details.

  • Legitimate Interest: Processing for purposes such as improving our services, ensuring Platform security, preventing fraud, conducting analytics on service usage, and promoting FNO through marketing materials (including use of Event photographs as described in Section 15).

  • Consent: Where required by applicable law, we obtain your separate, specific, and freely given consent for processing activities that are not necessary for contract performance or justified by legitimate interest, such as sending marketing communications or placing non-essential cookies and tracking technologies. You may withdraw consent at any time without affecting the lawfulness of processing prior to withdrawal.

  • Legal Obligation: Processing necessary to comply with applicable laws, regulations, or legal processes.

16.2 International Data Transfers

FNO operates globally. Your personal data may be transferred to and processed in countries other than the country in which you reside, including the United States, which may have data protection laws that differ from those in your jurisdiction. Where required by applicable law (such as the GDPR, UK GDPR, or LGPD), FNO will ensure appropriate safeguards are in place for international data transfers, including reliance on the EU-US Data Privacy Framework (where applicable), Standard Contractual Clauses approved by the European Commission, or other legally recognized transfer mechanisms. Full details are provided in the Privacy Policy.

16.3 Your Rights

Depending on your jurisdiction, you may have rights regarding your personal data, including the right to access, correct, delete, port, or restrict the processing of your data, and the right to object to certain processing activities. To exercise any of these rights, contact support@foundersnightout.com. Full details on how to exercise your rights are provided in the Privacy Policy.

16.4 Cookies and Tracking Technologies

The FNO website and App may use cookies, analytics tools, and similar technologies to improve functionality, analyze usage, and deliver relevant communications. Where required by applicable law, your consent will be obtained before placing non-essential cookies or tracking technologies. Details regarding our use of cookies, including how to manage your preferences, are provided in the Privacy Policy.

17. CONFIDENTIALITY

FNO Events are designed to foster open conversation among entrepreneurs. Attendees are encouraged to follow the Chatham House Rule: you are free to use the information received during Events, but the identity of the speaker and their affiliation shall not be revealed outside the Event without that person's express permission.

FNO is not responsible for the unauthorized disclosure or use of information shared by one Attendee to another during an Event. Attendees should exercise discretion when discussing sensitive, proprietary, or confidential business information.

The Platform may contain links to or integrations with third-party websites, services, or applications (e.g., payment processors, Venue websites, social media platforms, analytics tools). These third-party services are not under FNO's control, and we are not responsible for their content, privacy practices, availability, or terms of service. Your use of any third-party service is at your own risk and subject to that third party's terms and policies.

19. COMMUNICATIONS AND MARKETING

By creating an account on the Platform, you will receive transactional communications from FNO, including messages related to your Subscription, Event RSVPs, confirmations, reminders, and account activity. These communications are necessary for the performance of our contract with you and are not subject to opt-out.

With your separate consent (where required by applicable law), you may also receive marketing communications about upcoming Events, promotions, community news, and FNO updates, as well as push notifications through the App regarding Events, updates, and time-sensitive information.

You may withdraw your consent to marketing communications at any time by using the unsubscribe link in our emails, adjusting your notification preferences in the App, or by contacting us at support@foundersnightout.com. Withdrawal of marketing consent will not affect transactional messages.

19.1 Consent to SMS Communications

Consent to receive SMS messages (including login verification codes) is not a condition of purchasing a Subscription or using the Service. You may opt out of SMS messages at any time by replying STOP to any message, though this may affect your ability to log in to your account via SMS verification. For additional details regarding our SMS program, see Section 19.2.

19.2 SMS Communications Program

Program Name: Founders Night Out

Program Description: When you provide your phone number and opt in, you may receive SMS messages from Founders Night Out for account verification (one-time login codes) and transactional notifications related to your membership and events.

Message Frequency: Message frequency varies. You will typically receive a few messages per month, primarily for login verification.

Costs: Message and data rates may apply. Check with your carrier for details.

Opt-Out: You may opt out of SMS messages at any time by replying STOP to any message. After opting out, you will receive a confirmation message and no further SMS messages will be sent unless you re-opt in. Note that opting out of SMS may affect your ability to use SMS-based login.

Help: For assistance, reply HELP to any message or contact support@foundersnightout.com.

Supported Carriers: Major U.S. carriers are supported. Carriers are not liable for delayed or undelivered messages.

Privacy: Your phone number and SMS data are handled in accordance with our Privacy Policy at https://foundersnightout.com/privacy.

20. APP MAINTENANCE AND UPDATES

20.1 Maintenance

FNO provides corrective and adaptive maintenance for the App:

  • Corrective Maintenance: Addressing bugs, errors, or malfunctions reported by users.

  • Adaptive Maintenance: Implementing improvements, new features, and technical updates.

Scheduled maintenance may temporarily restrict or suspend access to the Platform. We will provide advance notice of planned maintenance where practicable.

20.2 Updates

FNO may release updates to the App from time to time. You agree to install updates necessary for the continued proper functioning and security of the App. Failure to install required updates may result in degraded performance or inability to access certain features.

21. DISPUTE RESOLUTION

21.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact FNO at support@foundersnightout.com and attempt to resolve the dispute informally for a period of at least thirty (30) days.

21.2 Binding Arbitration (United States Residents)

If you are a resident of the United States and the dispute is not resolved informally, you and FNO agree that any dispute, claim, or controversy arising out of or relating to these Terms, your Subscription, or your use of the Platform or attendance at Events shall be resolved through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court before a judge or jury. The arbitration shall be conducted by a single arbitrator in Tampa, Florida (or, if mutually agreed, via videoconference). The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

21.3 30-Day Arbitration Opt-Out

You have the right to opt out of the binding arbitration provision in Section 21.2. To opt out, you must send a written notice to support@foundersnightout.com within thirty (30) calendar days of creating your FNO account. Your opt-out notice must include your full name, email address associated with your account, and a clear statement that you wish to opt out of binding arbitration. If you opt out, you and FNO agree that any disputes will be resolved through litigation in the courts specified in Section 22, and neither party waives the right to a jury trial. Opting out of arbitration will not affect your Subscription, your ability to use the Platform, or any other aspect of your relationship with FNO.

21.4 Class Action Waiver (United States Residents)

YOU AND FNO AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

21.5 EU, EEA, and UK Residents

If you are a resident of the European Union, the European Economic Area, or the United Kingdom, you are entitled to submit complaints through the European Commission's Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr. You also retain the right to bring proceedings before the competent courts of your country of residence in accordance with applicable mandatory consumer protection law. Nothing in these Terms requires you to submit to binding arbitration or waive your right to participate in class or representative proceedings where such waiver is prohibited by law.

21.6 Brazilian Residents

If you are a resident of Brazil, you retain the right to seek resolution through PROCON (Consumer Protection and Defense Program), the Brazilian small claims courts (Juizados Especiais), or any other competent Brazilian court in accordance with the Codigo de Defesa do Consumidor. Nothing in these Terms requires Brazilian consumers to submit to arbitration or to litigate disputes outside of Brazil.

21.7 Australian Residents

If you are a resident of Australia, nothing in these Terms limits your right to bring proceedings in the courts of your state or territory, or to lodge a complaint with the Australian Competition and Consumer Commission (ACCC) or a state or territory fair trading body. Where Australian Consumer Law applies, these dispute resolution provisions operate in addition to, and do not exclude or limit, your statutory rights and remedies.

21.8 All Other Jurisdictions

If you reside outside the United States, the EU, the EEA, the United Kingdom, Brazil, and Australia, and informal resolution fails, disputes shall be submitted to binding arbitration as described in Section 21.2, except where mandatory local consumer protection law provides you with the right to bring proceedings in your local courts, in which case those rights shall apply.

21.9 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidentiality obligations.

22. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions.

To the extent that arbitration is not applicable, any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Hillsborough County, Florida, and you consent to personal jurisdiction and venue therein.

Where mandatory local consumer protection law of your jurisdiction provides rights that cannot be waived or overridden by contract, those rights shall apply regardless of the governing law chosen in these Terms. In particular:

  • EU, EEA, and UK residents may bring claims in the courts of their country of habitual residence and benefit from the mandatory consumer protection provisions of their local law.

  • Brazilian residents are protected by the Codigo de Defesa do Consumidor and may bring claims in Brazilian courts regardless of any choice-of-law provision.

  • Australian residents benefit from consumer guarantees under the Australian Consumer Law that cannot be excluded by contract.

23. FORCE MAJEURE

FNO shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from causes beyond FNO's reasonable control, including but not limited to: natural disasters, epidemics, pandemics, government orders or restrictions, civil unrest, war, terrorism, strikes, labor disputes, power or internet outages, transportation disruptions, or any other event that could not have been reasonably foreseen or prevented (each, a "Force Majeure Event").

In the event of a Force Majeure Event, FNO's obligations shall be suspended for the duration of the event. FNO will use commercially reasonable efforts to resume performance as soon as practicable and to notify affected Subscribers of the impact on upcoming Events.

24. CHILD SAFETY

The FNO Platform and Events are not directed at individuals under the age of 18. We do not knowingly collect personal information from anyone under 18. If we become aware that we have collected personal data from a minor, we will take prompt steps to delete such information and terminate the associated account.

FNO has a zero-tolerance policy for child sexual abuse and exploitation (CSAE) and the sharing of child sexual abuse material (CSAM). Any content, behavior, or activity involving or encouraging child exploitation is strictly prohibited and will result in immediate account removal and reporting to the appropriate authorities.

Users can report concerning behavior or content by contacting support@foundersnightout.com.

25. GENERAL PROVISIONS

25.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and FNO with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

25.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

25.3 Waiver

The failure of FNO to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by an authorized representative of FNO.

25.4 Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without the prior written consent of FNO. FNO may freely assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

25.5 Survival

The following sections shall survive termination of these Terms: Assumption of Risk and Limitation of Liability, Indemnification, Intellectual Property, Photography and Image Release, Confidentiality, Dispute Resolution, Governing Law, and any other provisions that by their nature should survive termination.

25.6 Accessibility

FNO is committed to making the Platform and App accessible to all users. If you experience accessibility issues or require accommodations, please contact us at support@foundersnightout.com, and we will work to address your needs.

25.7 Language

These Terms are drafted in English, which shall be the controlling language for all purposes. If these Terms are translated into any other language, the English version shall prevail in the event of any inconsistency or conflict.

25.8 Headings

Section headings are provided for convenience only and shall not affect the interpretation of these Terms.

25.9 Contact Us

If you have any questions, concerns, or feedback regarding these Terms, please contact us at:

Founders Night Out

A division of JBX Holdings LLC

Email: support@foundersnightout.com

Website: https://foundersnightout.com

ACKNOWLEDGMENT AND ACCEPTANCE

By creating an account, subscribing, or attending an FNO Event, you confirm that you have read, understood, and agree to be bound by these Terms of Service in their entirety.