HeyDoWhat (HDW) Terms of Service
Publication Date: September 9, 2026 Last Updated: September 9, 2026
IMPORTANT NOTICE: PLEASE READ CAREFULLY
A. PURCHASE, CANCELLATION, AND PAYMENT ISSUES. PRODUCT-SPECIFIC CANCELLATION TERMS ARE DISCLOSED BEFORE PURCHASE. SECTION 11 AND THE APPLICABLE REFUND/CANCELLATION POLICY GOVERN HDW PAYMENT OR PLATFORM ERRORS AND VERIFIED MERCHANT CANCELLATION OR NON-PERFORMANCE. NOTHING IN THESE TERMS LIMITS A RIGHT THAT APPLICABLE LAW OR YOUR PAYMENT-METHOD AGREEMENT MAKES NON-WAIVABLE.
B. ARBITRATION AND INDIVIDUAL PROCEEDINGS. SECTION 17 CONTAINS AN ARBITRATION AGREEMENT, A 30-CALENDAR-DAY ARBITRATION OPT-OUT, AND A SEPARATE INDIVIDUAL-PROCEEDING WAIVER. A TIMELY ARBITRATION OPT-OUT PERMITS AN INDIVIDUAL COURT CLAIM; IT DOES NOT OPT A CONSUMER OUT OF THE SEPARATE INDIVIDUAL-PROCEEDING WAIVER, TO THE MAXIMUM EXTENT LAWFUL.
1. Acceptance of Terms
1.1 Binding Agreement.
These Terms of Service ("Terms") constitute a binding legal agreement between HeyDoWhat LLC ("HDW", "Company", "we", "us", or "our") and the person or entity accessing or using the HDW Digital Ecosystem ("you", "your", or "User"). For the avoidance of doubt, "use" includes, but is not limited to, accessing the Platform, creating an account, making a purchase, or interacting with any AI-generated content or Merchant listings.
1.2 The Platform and Services:
HDW provides a technology-driven marketplace and lifestyle ecosystem. For the purposes of these Terms, the following terms are used interchangeably and refer to the same set of offerings:
- "Platform" means the HDW websites, web and mobile applications, APIs, and the underlying technology infrastructure, in each case where and to the extent HDW makes them available.
- "Services" means all functionalities, content, search features, AI-generated outputs, booking tools, and all related services provided through the Platform.
- Note: Any reference to the "Services" shall be deemed to include the "Platform", and any reference to the "Platform" shall be deemed to include the "Services" (collectively, the "HDW Ecosystem").
By accessing or using the HDW Ecosystem, you agree to be legally bound by these Terms. If you do not agree, you must not access or use the HDW Ecosystem.
1.3 Scope of Users: These Terms govern access to and use of the Services within the scope applicable to the person's or entity's activity. A “Consumer” is a person acting to browse, discover, purchase, book, hold, use or redeem a Product, or otherwise use the Consumer-facing Services. A host, organizer, instructor, venue, service provider or other business offering a Product through the Platform is a “Merchant.” A person may act in different capacities for different activities; Merchant Personnel acting solely for a Merchant are not acting as Consumers merely by operating a Merchant account or fulfilling a Booking.
Provisions concerning applicable Platform access, account security, content and prohibited conduct may govern Merchant and Merchant Personnel use within their stated scope, subject to the assent required by applicable law. Merchant commercial participation, onboarding, fees, payments, payouts, performance obligations and disputes under the Merchant agreement are governed by the separate Merchant agreement accepted with HDW. These Terms do not form, amend or replace that Merchant agreement through Platform use alone. A Merchant agreement's express reference to a provision of these Terms applies only within the identified subject and its applicable version rules.
Consumer-only purchases, payments, remedies, releases, waivers and dispute provisions apply to the relevant Consumer activity and are not imported into Merchant commercial participation merely by a reference to “you” or “User.” Nothing in these Terms makes a Merchant a beneficiary of a Consumer release or waiver or changes a person's status or non-waivable rights under applicable law. Section 3.7 addresses Merchant Personnel.
1.4 Merchant Offerings:
Products are offered by independent Merchants. A Merchant's agreement with HDW does not alter a consumer's rights or remedies under these Terms, the terms disclosed at checkout, an applicable consumer Refund and Cancellation Policy, or applicable law.
1.5 Defined Terms:
- "Applicable Law" means every statute, regulation, ordinance, rule, binding order, judgment, license condition, payment-network rule, and other legal obligation applicable to you, HDW, a Merchant, a Product, a transaction, or the Services.
- "Booking" means your transaction-specific right created through one completed checkout to receive an identified Product, regardless of the quantity purchased in that checkout.
- "Bucket A" or "In-App Credit" means paid-value credit issued by HDW only for refunds or ordinary Generic Product expiry conversion authorized by these Terms and the Refund and Cancellation Policy. It cannot be purchased, voluntarily loaded or reloaded, transferred to another user, or cashed out, except where Applicable Law requires otherwise. This definition does not replace a required Original Payment Method remedy or authorize a new circumstance for issuing credit.
- "Bucket B" or "Reward Points" means promotional value issued in immutable lots under Section 5.30 and any applicable Reward Points and Integrity Award Program Terms. It is not purchased paid value, is nontransferable and noncashable, and is subject to the lot-specific expiration and correction rules disclosed when earned.
- "Consumer Platform Service Fee" or "Service Fee" means a fee HDW may charge you for the Platform services under Section 6, the Consumer Fee Schedule, the checkout disclosure, and your transaction record.
- "Generic Product" or "Generic Deal" means a Product not locked at purchase to a specific date and start time. A fixed calendar expiration date on an otherwise open-redemption Product does not by itself make the Product Time-Specific.
- "HDW Parties" means HeyDoWhat LLC, and any of its past, present, and future parents, subsidiaries, affiliates, predecessors, successors, and assigns, and each of their respective officers, directors, members, managers, employees, agents, representatives, partners, joint venturers, licensors, advertisers, suppliers, and service providers (including but not limited to payment processors, cloud-hosting providers, AI model providers, and subcontractors).
- "Merchant" means an independent business that offers or provides a Product through the Platform. Merchant is not HDW and is governed by a separate Merchant agreement for its commercial participation.
- "Original Payment Method" means the external payment method used for the eligible portion of your transaction, not Bucket A or Bucket B.
- "Terminal Direct-OPM Failure" means the final failure of an eligible Original Payment Method return after both the applicable payment provider reports a final terminal outcome following permitted processing and HDW records that final terminal outcome. A pending, delayed, retryable, unobserved, or merely inconvenient state is not Terminal Direct-OPM Failure.
- "Product" means a ticket, experience, class, event, Deal, reservation, pass, appointment, admission, voucher, or service offered by a Merchant through the Platform. It does not include delivery by HDW.
- "Redemption Credential" means an HDW-generated QR code, token, code, record, or approved alternate verification method used to validate a Booking or redemption.
- "Reward Points and Integrity Award Program Terms" means the versioned Supplemental Terms governing Reward Point earning, availability, expiration, reversal, integrity reporting, and any Integrity Award opportunity displayed through an active authenticated Report Surface.
- "Time-Specific Product" means a Booking locked at purchase to a specific date and start time, subject to its disclosed cancellation rules and Section 5.19.
- "Transaction Snapshot" means the versioned record of the Product, price, discounts, taxes, Service Fee, tender allocation, cancellation terms, restrictions, and other checkout disclosures applicable when you commit to the transaction.
- "Wallet" or "HDW Wallet" means the Platform accounting interface displaying Bucket A and Bucket B. It is not a bank account, deposit account, or general-purpose stored-value account.
- Interpretation of "Consumer": "Consumer," capitalized, refers only to the class of Users described in Section 1.3. Where these Terms use "consumer" in lower case, or refer to a statute, regulation, or set of arbitration rules that uses the term "consumer," that term carries the meaning given by the applicable statute, regulation, or rules. Nothing in Section 1.3 or this Section 1.5 limits, expands, waives, or otherwise affects that meaning, your status under any consumer-protection law, or any right available to you under any such law.
1.6 Time Calculation and Time Zones: Unless otherwise expressly stated in the applicable Product disclosure, dates and times - including Product expiration and cancellation windows - use the local time zone identified for the applicable Merchant location. The booking record and checkout disclosure identify the time that applies to that booking. Nothing in this Section prevents a court or arbitrator from considering relevant evidence or limits a non-waivable right.
1.7 Updates and Acceptance: Where HDW updates these Terms, the way you accept that update is described in Section 19.1. Where HDW presents an updated version for your affirmative acceptance, continued use of the Services alone is not acceptance of that version.
2. Eligibility
2.1 Age and Capacity:
You must be at least eighteen (18) years old and have the legal capacity and authority to enter into these Terms. By using the Services, you represent and warrant that you meet these requirements.
2.2 United States Only:
The Services are offered only in the United States and are intended only for Users located in the United States. HDW does not target, market, or localize the Services to any other country or region, and does not represent that the Services are appropriate or available for use outside the United States. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with any applicable local law. Certain features require a mobile number issued by a United States wireless carrier or mobile service provider, as described in the HDW SMS / Text Messaging Terms identified in Section 9.
2.3 Sanctions and Restricted Parties:
You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or territory that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals and Blocked Persons List. If your status under Section 2.1, Section 2.2, or this Section 2.3 changes, you must cease using the Services immediately.
2.4 Guests and Minor Guests:
Only a User who meets the requirements of Section 2.1 may hold an account or purchase a Product. A person under eighteen (18) years of age may not create or hold an account, purchase a Product, or hold a Redemption Credential issued in their own name.
A User may book a Product for one or more guests, including a guest who is under eighteen (18) years of age (a "Minor Guest"), only where the Merchant permits it and where the Merchant's age, supervision, and eligibility requirements disclosed at checkout are satisfied. If you book a Product for a Minor Guest, you represent and warrant that you are the Minor Guest's parent or legal guardian, or that the parent or legal guardian has authorized you to make the booking. You agree to accompany or supervise the Minor Guest to the extent the Merchant requires. You remain solely responsible for the Minor Guest's conduct, and for every obligation arising from that booking under these Terms as though it were your own.
HDW does not undertake to verify the age of every User or guest. Any verification HDW actually performs or expressly represents remains limited to its stated scope. Merchants set and enforce the lawful age, admission and supervision requirements applicable to their Products. A Merchant may refuse admission or service when a validly disclosed requirement or a requirement imposed by law is not satisfied. A refusal on that valid basis does not by itself establish Merchant or HDW non-performance; an erroneous or unlawful refusal and any otherwise available remedy remain governed by Sections 5 and 11 and applicable law.
2.5 Accounts Held in Breach of Section 2.1:
If HDW learns or reasonably believes that an account holder does not meet the requirements of Section 2.1, HDW may suspend or terminate that account and cancel any pending transaction, at any time, without notice and without liability. Treatment of any remaining account value in that circumstance is governed by Section 5 and by applicable law, including any right that applicable law makes non-waivable.
3. User Accounts and Security
3.1 Account Responsibility:
You are responsible for maintaining the confidentiality and security of your account credentials and for promptly reporting suspected unauthorized use or a security breach to support@heydowhat.com or Customer Support. This Section does not allocate responsibility for an unauthorized activity in a manner that applicable law prohibits.
3.2 Registration Integrity:
You agree and acknowledge to provide, maintain and promptly update accurate, current, and complete information. HDW reserves the right to suspend or terminate accounts that contain false, misleading, or outdated information.
3.3 No Account Sharing:
Accounts are non-transferable. You must not share, sell, or lease your account credentials to another person. HDW may take the proportionate account-security and fraud actions described in Section 5.29 for a breach of this Section, subject to applicable law and the refund and wallet rules in these Terms.
3.4 Redemption Credentials and Check-In Records:
Any QR code, barcode, alphanumeric redemption code, confirmation link, ticket, or other access credential issued through the Services is a "Redemption Credential." You must use reasonable care to protect it and promptly report suspected unauthorized use. A Redemption Credential may be single-use. If duplicate copies are presented, the Merchant may honor the first credential it validly accepts and decline later attempts.
A Merchant's scan, validation, or check-in of a Redemption Credential is evidence that the credential was presented or processed at that time (a "Redemption Event"). HDW may use its records to administer the Platform and investigate a reported error, but neither a Redemption Event nor an HDW record conclusively establishes that a Merchant fully performed a Product, that every service obligation was satisfied, or that you have no further remedy. Product-specific cancellation, refund, and non-performance rights remain governed by Sections 5 and 11, the applicable Refund and Cancellation Policy, the checkout disclosure, and applicable law.
3.5 Verification and Account Security:
HDW may request information reasonably necessary to verify identity, account ownership, or redemption authority, or to investigate suspected fraud, unauthorized activity, or illegality. HDW may apply the proportionate controls in Sections 3.6 and 5.29, subject to applicable law and the wallet, cancellation, and remedy rules in these Terms.
3.6 Account-Security Controls:
HDW may temporarily limit account or Redemption Credential functionality when reasonably necessary to investigate suspected fraud, unauthorized access, or a security incident. Any action under this Section must remain subject to applicable law, the wallet rules in Section 5, and any remedy otherwise due under these Terms.
3.7 Merchant Personnel:
Each Merchant is solely responsible for designating, authorizing, controlling, and deactivating its Merchant Personnel, and for the acts and omissions of its Merchant Personnel in connection with the Services. Any action taken through the Services, or at a Merchant location, by an individual whom a Merchant has authorized — or whom a Merchant has permitted to appear to be authorized — is the act of that Merchant for the purposes of these Terms, including the acceptance, scanning, or validation of a Redemption Credential, the operation of a queue or waitlist, and any cancellation or substitution.
Merchant Personnel must comply with the provisions of these Terms applicable to their Platform activity under Section 1.3, subject to the assent required by applicable law. The Merchant agreement determines Merchant's responsibility for its personnel; a reference to Merchant Personnel does not itself make an individual a party to that agreement, a guarantor or a debtor for Merchant's commercial obligations. A person acting separately as a Consumer remains subject to the Consumer provisions for that activity.
HDW does not employ, supervise, direct, train, or control Merchant Personnel. HDW does not undertake to independently verify every individual's identity or authority. Any verification HDW actually performs or expressly represents remains limited to its stated scope. A Redemption Credential accepted, scanned, or validated by Merchant Personnel is governed by the evidence rule in Section 3.4; it does not by itself resolve a dispute about full Merchant performance or a consumer remedy.
4. Marketplace Role and Scope of Services
4.1 HDW operates solely as a technology marketplace and intermediary platform that enables Users to discover, book, and interact with third‑party merchants, hosts, instructors, venues, and service providers ("Merchants").
4.2 Except for the limited payment-collection role that may apply under Section 6.12, HDW is not the Merchant that provides a Product and does not become the Product's operator, employer, joint venturer, or guarantor merely by operating the Platform, collecting payment, issuing a Redemption Credential, or providing support. No partnership, employment, fiduciary, or general agency relationship is created between HDW and a User by these Terms.
4.3 Merchants are solely and exclusively responsible for:
- The accuracy and completeness of listings and descriptions;
- Pricing, availability, and fulfillment;
- Its obligations to Users concerning the Product, subject to the remedies and rights expressly preserved in these Terms and applicable law;
- Delivery, performance, quality, safety, legality, and suitability of Products;
- Compliance with all applicable laws, licenses, permits, and regulations.
4.4 Providing marketplace tools and enforcing Platform rules do not by themselves make HDW responsible for controlling or guaranteeing a Merchant's Product, listing, availability, safety, legality or performance. This allocation does not negate HDW's own express obligations, determine an actual legal relationship independently of its terms and the facts, waive a non-waivable right or eliminate a remedy expressly provided in these Terms. Applicable damages exclusions and limitations remain governed by Sections 15 and 16.
4.5 A Merchant is responsible for its Product. If a Merchant cancels before redemption or HDW verifies Merchant non-performance, the remedy hierarchy in Section 11 applies. HDW is not a guarantor of Merchant performance, but nothing in this Section restricts a remedy expressly available under these Terms or applicable law.
5. Marketplace Rules, Wallet, Redemption, Inactivity, Misconduct & Remedial Actions
5.1 Terms Disclosed at Checkout Control:
Product-specific terms - including permitted cancellation choices, cool-off periods, restrictions, expiration rules, and usage conditions - are selected through the applicable HDW template and disclosed before purchase. The checkout disclosure and the applicable Refund and Cancellation Policy govern a consumer-initiated cancellation or no-show, subject to these Terms and applicable law. A merchant-selected term cannot override the platform-error or verified Merchant non-performance remedies in Section 11.
5.2 Merchant Validity Period:
The Merchant Validity Period is the disclosed time frame and use restriction for a Product, such as a weekday, meal period, or service format. A Product may be unavailable outside its disclosed restrictions. The effect of an unused Product, cancellation, or no-show is governed by the applicable checkout disclosure, the Refund and Cancellation Policy, Section 5.19, and Section 11.
5.3 Product Nature and Service Entitlements:
- Product Categories: A Product may be a Generic Product, a Time-Specific Product, or another product type that HDW makes available under a defined template. The template, checkout disclosure, and booking record identify the relevant fulfillment, expiration, and cancellation terms.
- Generic Products: A Generic Product is redeemable during a disclosed validity period and is subject to the expiry and credit-conversion rule in Section 5.19.
- Time-Specific Products: A Time-Specific Product is a Booking locked at purchase to a specific date and start time, as defined in Section 1.5. Its expiration and consumer-initiated cancellation terms are disclosed before purchase and governed by Section 5.19 and the applicable Refund and Cancellation Policy.
- Future Bundled Products: HDW may offer a bundled or multi-use Product only under an approved product template and separate disclosed terms that state the unit, redemption, expiration, and cancellation rules. Nothing in this Section makes a bundled or multi-use Product currently available.
5.4 Failure to Exercise Entitlements:
If you do not use a Product within the applicable disclosed period, the result is governed by the checkout disclosure, the applicable Refund and Cancellation Policy, and Sections 5.19 and 11. No provision in this Section limits a remedy required by applicable law.
5.5 Finality of Deals and Conversion to In-App Credit:
The cancellation remedy for a Generic Product is the one disclosed at checkout and in the applicable Refund and Cancellation Policy. Section 5.19 governs expiry of an unused Generic Product. Section 11 governs an HDW payment or platform error, Merchant cancellation, and verified Merchant non-performance. HDW does not require a consumer to waive a non-waivable payment-method or legal right as a condition of receiving a remedy.
5.6 Cancellation Periods:
An eligible Generic Booking receives HDW's contractual twenty-four-hour cancellation right under Section 7 of the Refund and Cancellation Policy, including its fixed-deadline exception. A Merchant's nonrefundable or Final Sale label does not remove that right. Prior use, a requested partial cancellation and the form and amount of a permitted remedy remain governed by these Terms, that Policy and applicable law.
For a Time-Specific Booking, the Merchant selects the ordinary Consumer cancellation and no-show policy through the applicable HDW Product Template. The selected policy may provide a cooling-off period, a cancellation deadline before the scheduled service or a lawful nonrefundable outcome, where supported by that template. No automatic HDW twenty-four-hour post-purchase cancellation period applies to a Time-Specific Booking. The policy, applicable deadline and time zone, material conditions, and form and amount of any refund must be disclosed before purchase and preserved for that Booking, subject to these Terms, the Refund and Cancellation Policy and law. Omission of a required disclosure does not by itself waive an otherwise applicable cancellation right or establish agreement to nonrefundability. The separate remedies in Section 11 and applicable law remain available; later policy changes do not retroactively narrow an existing Booking's rights.
5.7 No‑Shows, Late Arrivals And Refund Windows:
- "Refund Window" means a consumer-initiated cancellation period disclosed before purchase under the applicable platform template and Refund and Cancellation Policy.
- A Product may be disclosed as non-refundable for a consumer-initiated cancellation where the applicable template and law permit. That status does not override Section 11, an applicable legal right, or a remedy for an HDW payment or platform error or verified Merchant non-performance.
- A no-show, late arrival, missed attendance, partial use, or early departure is handled under the disclosed Product rule and applicable Refund and Cancellation Policy. A Merchant may deny admission or service if its disclosed capacity, safety, age, or other lawful entry requirement is not satisfied.
5.8 The HDW Wallet (Two-Bucket System):
The "HDW Wallet" is a digital accounting interface that displays your combined available purchasing power. While the User Interface may display a unified "HDW Balance" for simplicity, this balance consists of two legally distinct types of value:
- HDW In-App Credits (Bucket A): These represent non-expiring, non-transferable paid-value credits usable only within the Platform. They arise only when an eligible refund amount is converted or restored to Bucket A under these Terms and the Refund and Cancellation Policy, or when paid value from an unredeemed Generic Product is converted to Bucket A on ordinary expiry under Section 5.19 and Section 8 of that Policy. Bucket A cannot be purchased, voluntarily loaded or reloaded, transferred between users, or issued merely as a promotion or service adjustment. These issuance rules do not replace a required original-payment-method return or change the conditions for a Consumer election after Terminal Direct-OPM Failure under Section 5 of that Policy.
- Not a Deposit Account: You acknowledge that HDW In-App Credits do not represent a bank account, a checking or savings account, or any form of monetary deposit. They do not earn interest and are not insured by the FDIC.
- Non-Redeemability: HDW In-App Credits have no cash value. They are non-redeemable for cash, cannot be withdrawn, "cash out," or transferred to an external bank account or other HDW accounts, except where explicitly required by applicable law.
- Balance: Bucket A is never displayed or administered as a negative balance. Its use, restoration, and any original-payment-method return are governed by these Terms, the applicable Refund and Cancellation Policy, and applicable law.
- Dormancy and Escheatment: See Section 5.18 regarding the eventual escheatment of abandoned balances to state authorities.
- Reward Points (Bucket B, "Promotional Rewards"): These represent promotional value issued by HDW for qualifying purchases, eligible verified public reviews, and eligible verified integrity reports submitted through an active authenticated Report Surface, as described in Section 5.30 and the Reward Points and Integrity Award Program Terms.
- Nature of Points: Reward Points are non-transferable promotional value, not cash and not a deposit account. HDW may modify, suspend, or end future earning or award opportunities. A released, non-fraud Reward Point lot retains its fixed expiration date and redemption value as provided in Section 5.30.
- Vintage Tracking: Each released Reward Point lot has an expiration date and redemption value fixed when it becomes Available under Section 5 of the Reward Points and Integrity Award Program Terms, including the prospective default and disclosed promotion-specific validity rules. Those attributes do not change while the lot remains valid, except for a valid correction to the terms actually governing the lot or where applicable law requires otherwise. HDW tracks lots separately and applies available Bucket B in first-to-expire order under Section 5.9. HDW has no obligation to roll over, reinstate or extend an expired lot, except as otherwise required by these Terms or applicable law.
- Expiration and Voidance: Points reach their expiration at the end of the validity period fixed when the applicable lot becomes Available, determined in Coordinated Universal Time (UTC). The HDW Interface may display expiration in your local time for convenience. HDW’s timestamped records may be evidence of a lot’s validity, but do not conclusively determine a disputed fact or limit a non-waivable right.
- No Tolling or Extensions: A Reward Point’s validity period is final once fixed when the applicable lot becomes Available. Expiration of the Reward Points will not be paused, reset, or extended by purchases, refunds, account freezes, or other account activities except where strictly required by applicable law.
- Automatic Voidance: Reward Points that reach the end of their validity period are automatically voided and removed from the HDW Wallet Balance.
- No Conversion: These Reward Points have no cash value. If a transaction using Reward Points is refunded, Reward Points return to Bucket B as Reward Points with their original expiration date; they do not convert to HDW In-App Credits (Bucket A), nor does the refund "reset" or extend the original validity period.
5.9 Order of Draw and Transaction Logic
To provide maximum value to the User and to prevent the expiration of promotional rewards, the Platform utilizes a "First-to-Expire" priority logic. By using the HDW Wallet Balance, you agree that the Platform will automatically apply your HDW Wallet Balance in the following order:
- Reward Points (Bucket B): Applicable Reward Points are used first, drawing from the available lot with the earliest expiration date (first-to-expire order).
- HDW In-App Credits (Bucket A): Only after all applicable Reward Points are exhausted will the Platform draw from your non-expiring HDW In-App Credits.
Insufficient Balance. If your available Wallet balance is less than the transaction total, HDW may apply the available balance and request payment of the remainder at checkout. This authorization applies only to the amount displayed and accepted for that checkout; it does not authorize a later charge to recover a Reward Point adjustment deficit.
5.10 Unified Wallet Toggle and Transaction Finality:
Where you hold a HDW Wallet Balance, the Platform applies it at checkout to reduce the amount charged to your external payment method, drawing in the Order of Draw described in Section 5.9. HDW may make additional controls available over how much of your balance is applied; where it does, the Order of Draw in Section 5.9 continues to govern the sequence.
- Automatic Allocation: User is not required to manually select between credit types; the Platform’s logic is designed to protect the User’s most "at-risk" (expiring) value first.
- Transaction Records: HDW records the Wallet value applied to a completed transaction. Any cancellation, refund, reversal, or correction is governed by Sections 5.12, 5.19, 5.30, and 11; HDW will not use a later correction to create a negative Bucket A balance or a negative spendable Bucket B balance.
5.11 Reward Points Expiration and Reminders:
The expiration of Reward Points is an automatic, system-level event. HDW may, but is not obligated to, display expiring point balances within the Platform or send expiration reminders as a courtesy. Responsibility for tracking and using Reward Points before they expire rests with you. The failure to receive, read, or act on any reminder — including where you have opted out of communications, where delivery fails, or where no reminder is sent — does not entitle you to reinstatement, extension, or replacement of expired Reward Points.
5.12 Refund Allocation and Hierarchy:
The refund or return form is determined by the cause and rules in Section 11, the applicable Refund and Cancellation Policy, the checkout disclosure, and applicable law. When a return of Wallet value is due, HDW restores Bucket A value to Bucket A and restores Bucket B value to the original Reward Point lots without extending a lot's fixed expiration date. A Reward Point lot that has expired before restoration remains expired unless applicable law requires otherwise. The portion of a payment made with an external payment method is returned, converted, or made available under the applicable cause-specific rule; HDW does not silently substitute a different remedy from the one disclosed for that cause.
5.13 Inactivity and Account Maintenance:
- HDW reserves the right to permanently delete an account that has been Inactive for more than thirty-six (36) consecutive months, but only where, throughout that period, the account has held no HDW In-App Credit (Bucket A) balance, no Reward Points (Bucket B) balance, and no unredeemed Product. An account holding any of those retains them and remains "Dormant," governed by the “Inactivity, Abandoned Property and Escheatment” Rule in Section 5.18.
- Notice of Deletion: HDW may, but is not obligated to, send notice to the email address on file before deleting an Inactive account.
5.14 Future Bundled Products:
If HDW later offers a bundled or multi-use Product, its purchase disclosure and applicable Refund and Cancellation Policy will state the applicable unit, partial-use, cancellation, and return rules before purchase. A future bundled-product rule may not diminish a right required by applicable law or contradict Sections 5.12 and 11.
5.15 Support Communications and Authorized Resolutions:
You may not rely on an ordinary customer-support communication, promotional material or Platform message as an amendment to these Terms or a Booking, or as an additional representation, warranty or guarantee beyond the terms validly governing the matter. Any amendment, waiver, settlement or other undertaking must satisfy the authority, form and acceptance requirements applicable under these Terms and law. This Section does not prevent HDW from providing an authorized correction, refund or other remedy, or invalidate an otherwise binding resolution merely because support communicated it or it was not shown at the original checkout. Reliable communications may be considered as evidence of the actual transaction, an authorized resolution, or an alleged error or misrepresentation; their submission does not by itself establish authority, liability or entitlement. Sections 11, 17, 20 and 22 govern their respective subjects, and non-waivable rights remain protected.
5.16 Checkout Terms and No Double Recovery:
The Product terms disclosed at checkout, including a template-permitted consumer cancellation rule, govern the transaction to the extent they are consistent with these Terms, the applicable Refund and Cancellation Policy, and applicable law. You must not knowingly obtain duplicate recovery for the same loss from a Merchant and HDW. This does not limit a lawful request for a remedy that is not duplicative.
5.17 Redemption Records and Product Performance:
Presentation or validation of a Redemption Credential may end the credential's availability for further use, subject to investigation of a reported scan or system error. It does not conclusively determine purchaser authorization, Merchant performance, a consumer's legal rights, or the remedy for a verified failure. Section 3.4 governs the evidentiary role of a redemption record.
5.18 Inactivity, Abandoned Property and Escheatment:
HDW is subject to state "Unclaimed Property" and "Escheatment" laws.
- Definition of Inactivity: An account shall be deemed "Inactive" if you have not conducted an "Affirmative Action" for a period of twelve (12) consecutive months. Affirmative Action includes, but is not limited to: (i) logging into the Platform; (ii) conducting a transaction; or (iii) communicating with HDW regarding the account.
- Escheatment: In accordance with applicable state laws, if an account remains Inactive (as defined by the relevant jurisdiction) for the duration specified by the laws of your state of residence (typically three to five years), HDW may be legally required to remit the underlying value of the In-App Credits (Bucket A) to the applicable state agency as abandoned property. You agree that once funds are remitted to a state agency, HDW has no further liability to you, and you must seek recovery of such funds directly from the state.
- Notice of Escheatment: Where applicable unclaimed property law requires a holder to give notice before remitting property to a state, HDW will give the notice that law requires, in the manner and within the period that law requires, using the contact information associated with your account. Your response, or your login to the Platform, may reset the dormancy period to the extent applicable law so provides.
- Final Remittance: If outreach is unsuccessful and a balance remains, HDW will remit the funds to the appropriate state authority. Once escheated, HDW has no further liability, and you must claim your funds directly from the state’s unclaimed property division.
5.19 Product Expiration, Cancellation, and Credit Conversion:
- Local Time and Expiration. A Product expires at the end of its disclosed expiration date, at midnight beginning the following day in the time zone stated for the Booking. That time zone is the time zone of the Merchant location or event identified for the Booking. If a Product permits use at locations in different time zones, the controlling time zone must be stated before purchase. The expiration date and time zone are fixed for the Booking when purchase completes.
- Expiration Date and Time.
- Classification. Each Product is listed under a platform template that HDW makes available. The template determines the Product’s offer format, how it is fulfilled, its entitlement classification as either a Time-Specific Product or a Generic Product, and the cancellation and refund policies a Merchant may select for it. A Merchant does not choose that classification. HDW records the classification, the policies disclosed to you, and the applicable redemption restrictions as part of your booking when your purchase completes, and a later change by the Merchant does not alter them for that booking.
- Time-Specific Products. A Time-Specific Product is locked at purchase to a specific date and start time. Its expiration date is the disclosed event or service end date. If no end date and time are provided, the Merchant must confirm that the event or service ends on its start date, which is then the expiration date. An event or service continuing into a later calendar date must identify its actual end date and time. A fixed expiration date on an otherwise Generic Product does not make it Time-Specific.
- Generic Products (Deals). For any Product listing that does not specify a precise start date and start time, the Merchant selects exactly one expiry model for that listing, and the model selected is disclosed on the listing:
- Fixed Expiration Date. A single calendar expiration date, in the local time zone of the Merchant location associated with the listing, that applies to every buyer of that listing regardless of when they purchase; or
- Rolling Expiration Period. A number of calendar days, in the local time zone of the Merchant location associated with the listing, running from the completion of your purchase. A Merchant that chooses the rolling model either specifies its own period or adopts HDW’s then-current default period. The period that applies to your purchase is disclosed to you before you complete it and is fixed to your booking. A later change to HDW’s default period does not change a booking you have already completed, or a listing already published with a resolved period.
- Redemption Deadline. A Generic Product expires at the end of the date determined by its fixed or rolling expiry model under the Local Time and Expiration rule above. That expiration date, controlling time zone and resulting deadline are disclosed before purchase and fixed for the Booking. Merchant operating hours and redemption restrictions do not move this automatic expiry or the ordinary credit conversion to an earlier time.
- Purchase Completion, Not Reservation. A rolling period runs from the completion of your purchase. Time during which an unpaid booking is held pending payment does not begin, extend, or shorten that period.
- No Retroactive Shortening. A Merchant’s later change to its hours, its restrictions, or the listing does not shorten the Redemption Deadline already fixed to a booking you have completed.
- Admission and Redemption Conditions. You must follow the Merchant's validly disclosed arrival, admission, operating-hour and other redemption conditions applicable to your Booking. A Redemption Credential remaining active does not extend those conditions or entitle you to admission or service outside them. The Merchant may voluntarily accept a late arrival or relax its own redemption restrictions while the Booking remains eligible for redemption, subject to these Terms and law. Such an accommodation does not extend automatic expiry or permit use of a canceled, refunded, previously redeemed or otherwise invalid Booking. A Merchant's refusal to scan does not by itself extinguish a right or remedy you otherwise have under your Booking, Section 11 or law.
- Merchant Availability. Merchants are responsible for their own operating hours and availability. A reported Merchant cancellation or verified failure to make a Product available is addressed under Section 11; it is not conclusively resolved merely because an expiration time has occurred.
- Paid Value. The amount you actually paid for a Generic Product is preserved on expiry through the Automatic Credit Conversion described below, and the resulting In-App Credit does not expire. Nothing in this Section limits any right you may have under applicable law with respect to the amount you paid.
- Expiry of a Time-Specific Product:
- After the disclosed Expiration Date and Time, a Time-Specific Product is no longer redeemable. The effect of a consumer-initiated cancellation, no-show, or unused Product is governed by the disclosed Product rule and applicable Refund and Cancellation Policy, subject to Section 11 and applicable law.
- Automatic Credit Conversion on Expiry of a Generic Product ("Deal"):
- When a Generic Product reaches its Expiration Date and Time without having been redeemed, it can no longer be redeemed with the Merchant, and HDW automatically converts the amount you paid for it into HDW In-App Credit (Bucket A).
- The amount converted is the total amount you actually paid for the Product, including the Service Fee and any applicable taxes, and including any portion you paid using In-App Credit.
- Any Reward Points you applied to the purchase are returned to the Reward Point lots they came from and retain their original expiration dates. Reward Points whose expiration date has already passed are not reinstated except where applicable law requires otherwise.
- Promotional coupons and discounts. A price-reduction coupon, percentage-off code, or similar promotional discount is a non-cash, non-transferable offer subject to its disclosed terms. It is not consumer-paid value, a payment method, HDW In-App Credit (Bucket A), or Reward Point value (Bucket B). It changes the disclosed payable total subject to applicable tax treatment; the Wallet draw order in Section 5.9 then applies to the remaining payable balance, and an external method is charged only for the displayed, accepted remainder.
- Coupon consumption and availability. A price-reduction coupon is consumed only when it results in a completed Booking. A pending, declined, failed, expired, or voided checkout does not consume it, and it remains available only through its original expiry and stated offer terms. After a completed Booking, the applicable Promotion Terms govern the coupon's availability, including the limited circumstances in which it may reactivate after an HDW payment or Platform error, Merchant cancellation, or verified Merchant non-performance. A coupon does not create tender to restore, extend an offer period, or convert into Wallet or cash value; the separately applicable cause-specific rules govern tender actually used in the Booking.
- In-App Credit issued under this Section does not expire and is governed by Section 5.8. No cash refund is issued automatically on expiry.
- Pre-Expiration Consumer Cancellation:
- A consumer-initiated cancellation is governed by the Product rule disclosed at checkout and the applicable Refund and Cancellation Policy. A permitted rule may provide no refund, Bucket A credit, an original-payment-method return, or a consumer choice, to the extent lawful.
- Section 11 exclusively governs an HDW payment or platform error, Merchant cancellation, and verified Merchant non-performance. A Merchant-selected rule cannot displace those cause-specific remedies.
5.20 Preservation of Rights:
Nothing in Sections 5.1 through 5.19 waives a non-waivable consumer right, determines the admissibility or weight of evidence, or alters the dispute-resolution and individual-proceeding provisions in Section 17.
5.21 Prohibition on Unauthorized Transfer and Resale:
Personal Use Only: HDW Products and Redemption Credentials are for personal, non-commercial use by the original purchaser and guests covered by that Booking under Section 2.4, or by a single designated gift recipient and the guests covered by that Booking where the applicable Product and authorized Platform functionality permit gifting. Guest participation does not transfer the account or authorize resale, separate credential transfer or use beyond the Booking's quantity and disclosed conditions.
- You are strictly prohibited from selling, auctioning, bartering, or otherwise transferring Redemption Credentials to any third party, regardless of whether such transfer is for profit, "at cost," or for no value, except through official Platform transfer features, where and to the extent HDW makes them available.
- No Secondary Marketplaces. The use of a third-party marketplace to facilitate an unauthorized transfer is prohibited. HDW may decline to honor a credential acquired in breach of this Section and may take the proportionate actions in Section 5.29.
- Review of a Suspected Transfer. HDW may temporarily suspend a credential while it investigates a suspected prohibited transfer. If HDW cancels a transaction or determines that a remedy is due, the applicable refund and cancellation rules continue to govern.
- Account Action. HDW may suspend or terminate an account for repeated or material resale, scalping, price-arbitrage, or speculative-purchasing abuse, subject to applicable law.
5.22 Suspicious-Activity Review:
HDW may flag or temporarily suspend a Redemption Credential or account function when it reasonably identifies suspicious activity, such as materially conflicting redemption attempts, excessive failed scans, or apparent account compromise. HDW does not guarantee detection of every unauthorized use. The effect of a cancellation or correction remains governed by Sections 5.12, 5.19, and 11; HDW may not retain consumer value as an undisclosed fraud-investigation fee.
5.23 Promotional Offers:
HDW may make promotional codes or other promotional benefits available under separately disclosed Promotion Terms and offer-specific terms. A price-reduction coupon or comparable discount is governed by Section 5.19 and the applicable Promotion Terms; it does not itself create Wallet value or a Reward Point earning opportunity. A promotion that changes the Reward Point multiplier for a qualifying Booking does not reduce that Booking's price or create Wallet tender; it records the applicable multiplier for that Booking under Section 5.30. Reward Points awarded under that multiplier, including a promotional bonus, are ordinary Bucket B awards subject to Section 5.30, and the multiplier promotion itself is not reissued if those points later reverse. A promotional benefit is non-transferable, has no cash value unless applicable law requires otherwise, and may be withheld, cancelled, or reversed when connected with error, fraud, abuse, or a violation of its disclosed terms.
5.24 Purchase Review:
Before purchase, you should review the disclosed date, time, location, Product restrictions, and cancellation rule. A consumer-initiated cancellation or booking error is governed by the disclosed Product rule and applicable Refund and Cancellation Policy; this Section does not alter Section 11 or applicable law.
5.24.1 Optional Fulfillment Note:
For selected Merchant Offerings, HDW may make available an optional fulfillment
note. You may use the note only for ordinary,
non-sensitive instructions reasonably related to fulfilling that specific
Booking. Do not include health, allergy, medical, disability, accessibility,
safety, emergency, government-identification, financial-account credential,
or other sensitive information. Contact the Merchant directly through an
appropriate method before the Product begins about an allergy, accessibility
need, health or safety concern, or other information that may require a
response; use emergency services for an emergency.
The note is not part of a Redemption Credential and is not encoded in a QR code or other credential. HDW may display it to authorized Merchant personnel only after the supported authenticated verification flow binds the exact Merchant and Booking. Merchant-facing access automatically ends at the earlier of (a) 11:59:59 p.m. in the Merchant location's local time on the calendar day of that verified scan or (b) cancellation, refund, void, reversal, or invalidation of the Booking, Redemption Credential, or Merchant access. After that cutoff, the note is not available through the ordinary Merchant interface. HDW's separate retention of the authoritative Booking record is described in the Privacy Policy. Submitting a note directs HDW to disclose it to that Merchant for the limited fulfillment purpose described in the Privacy Policy. The note is not a medical-accommodation, emergency, or guaranteed communication channel, and HDW does not promise that a Merchant will receive, monitor, or act on it before fulfillment. You may not use the note to add transaction terms, move a transaction off the Platform, send marketing content, or violate these Terms.
5.25 Verification Review:
HDW may temporarily review a credit issuance or transaction where reasonably necessary to verify error, fraud, abuse, or legal compliance. HDW will not use a review to impose a negative Bucket A balance, seize Bucket A for a Reward Point deficit, or deny a remedy otherwise required by these Terms or applicable law.
5.26 No Duplicate Recovery:
Acceptance or use of Wallet value does not waive a non-waivable legal or payment-method right. You must not knowingly obtain duplicate recovery for the same loss. For an eligible Merchant cancellation or verified nonperformance, HDW returns the externally paid portion directly to the Original Payment Method and restores Bucket A and Bucket B under Sections 5.12 and 11.2. HDW does not issue an automatic interim Bucket A substitute, impose a 72-hour waiting rule, or close Direct OPM because unrelated Wallet value was used. Only after Terminal Direct-OPM Failure may you affirmatively elect the eligible failed external amount as Bucket A under the Refund and Cancellation Policy; that election replaces, and does not duplicate, the same unresolved external return.
5.27 PROHIBITED CONDUCT AND PLATFORM INTEGRITY:
Users are granted a limited, revocable license to use HDW. A material breach of this Section may result in the proportionate controls described in Section 5.29, subject to applicable law and the specific wallet, cancellation, and refund rules in these Terms.
5.27.1 Manipulation of Value (Farming, Gaming, and System Exploitation):
- Anti-Farming & Identity Manipulation:
- Multi-Accounting. You are strictly prohibited from creating, maintaining, or controlling more than one (1) User Account.
- Synthetic Identities. The use of "disposable" email addresses, VOIP phone numbers, virtual credit cards (VCCs), or spoofed device identifiers to bypass account limits or "New Customer" restrictions is prohibited.
- Automated Accumulation. You shall not use any "bot," macro, script, spider, or automated crawler to engage with promotional offers or reward-issuance triggers.
- Promotional-Program Abuse. You shall not use secondary accounts, coupon-aggregation sites, or other deceptive methods to obtain promotional value contrary to disclosed promotional terms.
5.27.2 Incentive Stacking & Benefit Circumvention:
- Promo Code Stacking. You are strictly prohibited from "stacking," layering, or combining multiple HDW Promo Codes contrary to their disclosed terms for a single transaction.
- Benefit Harvesting. You shall not intentionally fragment a single purchase into multiple sub-transactions for the sole purpose of applying a one-time-use promo code or discount to each fragment.
- Merchant-Specific Circumvention. You shall not utilize HDW Promo Codes to bypass price floors or minimum spend requirements set by a specific Merchant.
- Circumvention of Limits. You shall not utilize "guest checkout" or Associated Accounts to bypass "one-per-customer" limits on specific Merchant deals or limited-time Discovery offers.
- New-Customer Incentive Looping. You shall not use guest checkout or an Associated Account to apply a new-customer incentive to a returning user identity.
5.27.3 Glitch Exploitation & "As-Is" Pricing:
- Manifest Error. You acknowledge that "Glitch Pricing" (e.g., a $500 winery tour appearing for $0.50 due to technical error) is non-binding. You are prohibited from exploiting "Manifest Errors," database desynchronization, or lag-based vulnerabilities to obtain value.
- Price Probing. You shall not use automated tools to "probe" or "scrape" the HDW API to find unintended price variances or unreleased Merchant inventory.
- Manifest-Error Correction. HDW may cancel or correct a manifest listing or pricing error before fulfillment and apply the applicable Section 11 remedy. HDW will not use this Section to impose a later charge, cash debt, or set-off.
5.27.4 Transactional Misconduct:
- Resale & Arbitrage. Products and Redemption Credentials are limited to the personal, non-commercial purchaser, guest or permitted gift use described in Section 5.21. Unauthorized resale, scalping, price arbitrage or transfer remains prohibited under that Section.
- Double-Dipping (Chargeback Abuse). You must not knowingly make a materially false payment dispute or knowingly obtain duplicate recovery for the same loss after receiving Product performance, a refund, restored value or another remedy that satisfies that same loss. Prior use, a scan or receipt of unrelated Wallet value does not by itself bar a lawful dispute concerning an unauthorized transaction, a partial or failed performance, or another unresolved loss. Section 6.6 governs payment disputes; knowing fraud or duplicate recovery remains a material breach subject to the applicable controls in Section 5.29.
- In-App Currency Trading. You are strictly prohibited from selling, trading, or transferring HDW In-App Credits (Bucket A) or Reward Points (Bucket B) to another User or via an external marketplace.
- Dual-Benefit Prohibition. You must not knowingly obtain duplicate satisfaction from a Merchant, HDW, a payment provider or another source for the same loss. Seeking a remedy through more than one lawful channel while that loss remains unresolved is not by itself prohibited. Any completed satisfaction must be accounted for so that another remedy does not duplicate it; Sections 5.26 and 6.6 and non-waivable rights remain controlling.
5.27.5 Integrity of the Discovery Engine:
- Review & Feedback Fraud:
- Inauthentic Content. You are strictly prohibited from posting reviews, ratings, or photos that are not based on your own actual, first-hand experience at a Merchant location.
- Incentivized Reviews. You shall not accept payment, free products, or "kickbacks" from Merchants in exchange for a positive review. Similarly, you shall not "sell" your reviewing services to third parties.
- Review Manipulation. You shall not engage in "Review Padding" (posting positive reviews for your own or an affiliate’s business) or "Review Bombing" (posting negative reviews to maliciously damage a Merchant’s reputation or to extort a refund/concession).
- Automated Feedback. The use of AI-generation tools or LLMs to produce "synthetic" reviews is strictly prohibited.
- Inventory & Reservation Abuse ("Squatting"): You shall not utilize any advance-booking, reservation, or inventory-holding feature to "hold" inventory at multiple Merchants simultaneously with the intent of only visiting one.
- Reservation Squatting. You are prohibited from making multiple concurrent reservations (e.g., booking three different dinners for the same 7:00 PM slot) with the intent of only honoring one.
- Inventory Hoarding. You shall not utilize any advance-booking, reservation, or inventory-holding feature to "hold" limited-availability inventory (such as concert tickets or winery slots) without a bona fide intent to purchase or attend.
- Reservation Abuse. HDW may apply proportionate account controls for repeated reservation or inventory abuse under Section 5.29.
5.27.6 Platform Safety & Transaction Integrity:
- Anti-Circumvention and Off-Platform Transactions:
- Transaction-Specific Scope. For this Section 5.27.6, an “HDW-Originated Transaction” means a particular current or proposed booking, purchase, reservation, payment, replacement, continuation, extension, rebooking, add-on, or related transaction that a User or Merchant initiated, requested, negotiated, booked, purchased, modified, supported, or materially advanced through the Platform, or that a party seeks to move using nonpublic Merchant, Merchant Offering, availability, price, contact, payment, Booking, or communication information obtained through the Platform. A Merchant’s appearance in discovery or search, or a User’s viewing of publicly displayed Merchant or Listing information, standing alone, does not make every later transaction between that User and Merchant an HDW-Originated Transaction.
- No Side Transaction or Transaction Migration. You must not request, make, accept, facilitate, or knowingly participate in moving an HDW-Originated Transaction outside the Platform. Prohibited conduct includes moving a booking or payment to an external checkout or payment method; canceling, refunding, allowing expiration, or avoiding redemption in exchange for a direct replacement, lower price, additional value, store credit, membership benefit, future discount, continuation, extension, or rebooking; splitting or relabeling consideration to avoid the Platform; or using an affiliate, location, employee, account, link, QR code, invoice, or other intermediary to accomplish the same result.
- Communications and Contact Information. You must not solicit a Merchant, knowingly accept a Merchant solicitation, or provide or use contact information, an external URL, messaging handle, payment request, or other communication method for the purpose of moving an HDW-Originated Transaction outside the Platform. Necessary communications to fulfill, access, verify, support, or address safety or legal requirements for an HDW Booking are permitted when they are not used to solicit, replace, continue, extend, or migrate the transaction.
- Independent Transactions and General Marketing. This Section does not prohibit a transaction that is genuinely independent of HDW, including a transaction arising from a documented preexisting relationship or public, non-targeted general advertising, when neither party uses nonpublic HDW data or an HDW communication to target or solicit the other and the transaction does not cancel, replace, continue, extend, rebook, or evade an HDW Booking or another HDW-Originated Transaction. A Merchant Offering not listed on HDW is not automatically subject to this Section merely because the Merchant appeared in discovery; the specific transaction remains subject to this Section if it was requested or materially advanced through HDW or used to migrate an HDW-Originated Transaction.
- No Fixed Attribution Window or Ownership of a Relationship. This Section creates no twelve-month or other automatic attribution presumption, grants HDW no ownership of a person or customer relationship, and does not prohibit lawful independent dealings. Attribution depends on the specific transaction, conduct, Platform use, data source, and evidence—not elapsed time alone. The prohibition continues after account closure only for an HDW-Originated Transaction, data use, concealment, or other conduct begun while these Terms applied, and for related accrued investigation, correction, and enforcement duties; it does not create a general post-account noncompetition period.
- Merchant Solicitation and Reporting. If a Merchant asks you to cancel, refund, pay, rebook, continue, extend, or transact outside HDW in connection with an HDW-Originated Transaction, do not participate in that off-Platform path. You may report the solicitation promptly through Customer Support or an authenticated reporting feature HDW makes available. A report is evidence, not conclusive proof, and these Terms do not require you to investigate a Merchant.
- Consumer Rights and Account Controls. A Merchant's actual or attempted circumvention does not reduce your cancellation, refund, Wallet-restoration, performance, dispute or other non-waivable rights. This Section does not prohibit a refund, cash redemption, payment or other remedy required by applicable law, or a direct incidental charge in an HDW-approved category that the Listing clearly disclosed before purchase, provided the charge is legally required or genuinely optional and does not evade HDW economics or Consumer protections. A mandatory remedy may not be delayed solely to obtain discretionary HDW approval. Any resulting payment or remedy must be taken into account to prevent duplicate satisfaction. These exceptions create no voluntary cash-out, substitute-value system or transaction-migration permission. Reliable evidence of your knowing participation in prohibited circumvention may result in proportionate non-financial account controls under Section 5.29, subject to notice and correction as applicable. Those account controls do not authorize a fixed fee, cash debt, set-off, direct charge, collection or seizure of Wallet value from you.
- Zero Tolerance for Abuse & Harassment:
- In-App and On-Site Conduct. You shall not engage in any behavior that is threatening, abusive, defamatory, discriminatory, or harassing toward (i) any HDW Parties (including but not limited to employees, contractors, and representatives); or (ii) any Merchant Personnel, either via the Platform or in person during the redemption of a Product. HDW maintains a "Zero Tolerance" policy for abusive behavior.
- Safety Violations. HDW may investigate a report that a User compromised safety, engaged in illegal activity, or violated disclosed Merchant rules, and may take proportionate action under Section 5.29. A report is not conclusive evidence of a violation.
- Reputational Harm. You are strictly prohibited from using the Platform’s review or communication tools to spread "doxing" information, hate speech, or content that violates these Terms or any Community Guidelines HDW makes available.
5.27.7 Platform Integrity and General Prohibitions:
You shall not, and shall not induce, encourage or assist any third party to:
- Legal & Rights Compliance. Violate any applicable laws or regulations, or infringe upon the intellectual property, privacy, or publicity rights of HDW or any third party;
- Security & Access Circumvention. Circumvent, remove, thwart, or bypass any platform security, access controls, navigational structure, or technological measures. This includes, but is not limited to, "waiting rooms," "queues," or timing mechanisms intended to provide fair access to limited-capacity Products;
- Fraud & Deception. Submit fraudulent, misleading, or harmful content, or impersonate any person or Merchant;
- Infrastructure & Operational Interference. Take any action that imposes an unreasonable load on HDW’s infrastructure or interferes with the operation, integrity, or presentation of the Services;
- Anti-Automation and Scraper Prohibition. Use any "robot," "spider," "scraper," "deep-link," or other automated device, program, algorithm, or methodology, or any similar manual process, to:
- Access, acquire, copy, or monitor any portion of the Services;
- Obtain or attempt to obtain any materials or information through any means not purposely made available through the Services; or
- Circumvent the navigational structure of the Services to harvest data.
5.27.8 Proprietary Database Protection & AI Training Prohibition:
You acknowledge that the Services consist of a proprietary database of Merchant offerings, descriptions, and availability data curated by HDW. You are strictly prohibited from using any part of the Services, including but not limited to Merchant listings, AI-generated outputs, or User Content, to:
- Using any automated means to "crawl" or "scrape" the Services to create a competing directory, marketplace, or database;
- Train, fine-tune, or benchmark any artificial intelligence (AI), machine learning (ML), or large language model (LLM), whether such models are proprietary to you, owned by a third party, or open-source;
- Caching or archiving HDW content for commercial redistribution.
HDW may seek the remedies available under applicable law for a violation of this Section, including equitable relief where appropriate. This Section does not create a fixed fee, per-record damages, or a consumer payment obligation.
The restrictions in Sections 5.27.7 and 5.27.8 do not prohibit an act expressly permitted by these Terms, an applicable license, authorized Platform functionality or HDW's prior written consent, or an act that applicable law does not permit HDW to restrict. They do not expand HDW's ownership or override your retained User Content rights under Section 10. This qualification grants no general scraping, AI-training, redistribution or access permission concerning other persons' content, HDW IP or nonpublic Platform information. The other security, privacy and prohibited-conduct rules remain applicable.
5.28 Right to Investigate and Cooperate: HDW may investigate a suspected breach of Section 5.27. Any collection, use or disclosure of information, including cooperation with a governmental or law-enforcement request, must have an applicable lawful basis and comply with the Privacy Policy and these Terms. You must provide reasonable, relevant and lawful cooperation concerning the identified matter. This does not require waiver of a legally protected privilege, disclosure prohibited by law or a binding order, admission of disputed liability, or transmission of raw payment credentials through support. Where reasonably available and lawful, you must provide responsive nonprivileged information or cooperate with an alternative that addresses a valid request. An unjustified refusal of required cooperation may constitute a material breach; asserting a protected right does not by itself do so. Section 5.29 and the applicable payment, Wallet and remedy rules continue to govern any action.
5.29 Enforcement, Fraud, and Account Controls:
HDW may investigate a good-faith report or reasonable indication of fraud, abuse, account compromise, prohibited conduct, or a materially false or duplicative payment dispute. Subject to applicable law, HDW may temporarily limit access, suspend an account or Redemption Credential, cancel a pending transaction, reverse promotional value connected with error, fraud, abuse, or a violation of these Terms, and apply proportionate non-financial fraud or account controls.
These controls do not authorize a cash debt, a later charge to a stored payment method, collection activity, a transaction-integrity fee, per-record damages, set-off, seizure of Bucket A, cross-account recovery, cancellation of unrelated value, or forfeiture of a remedy otherwise due under these Terms. A Reward Point adjustment deficit is governed only by Section 5.30: available and spendable Bucket B remains zero or greater, and future Bucket B awards repay the recorded deficit first.
5.30 Reward Points (Bucket B): Acquisition, Availability, and Reversals:
- Program Changes and Released Lots:
- Reward Points are non-transferable promotional value, not property, and have no cash value. HDW may modify, suspend, or discontinue future earning or award opportunities. A released, non-fraud Reward Point lot retains its individually fixed expiration date and redemption value, and remains usable until that expiration date, even if HDW changes or ends the program.
- HDW may withhold, cancel, or reverse Reward Points connected with error, fraud, abuse, or a violation of these Terms, subject to applicable law and the controls in Sections 5.29 and 5.31. This authority does not permit HDW to expire or reprice a released, non-fraud Reward Point lot before its fixed expiration date.
- Qualifying Earning:
- A qualifying purchase earns Reward Points only on the external cash amount actually processed for the booking, less the booking’s taxes, floored at zero. That amount includes the HDW Service Fee and excludes amounts paid with HDW In-App Credits (Bucket A), Reward Points (Bucket B), coupons, discounts, or other promotional value. The applicable earning base and multiplier are fixed for the booking and are not recalculated from a later program change.
- An eligible HDW-native public review may earn a standardized Reward Point award only after a verified completed redemption. The award does not depend on the review’s rating, sentiment, or content, and neutral authenticity and content requirements apply. Where a rewarded review is displayed publicly, HDW identifies its verified-booking status and the material reward incentive. A verified-booking label confirms the booking relationship; it does not warrant that each statement in the review is true. No third-party-platform review earns Reward Points.
- Integrity Award Report-Surface Eligibility. An Integrity Award opportunity exists only when HDW displays an active authenticated Report Surface that states, before submission, the eligible Merchant circumvention or other specifically identified platform-integrity conduct, evidence requirements, exact award or maximum award, one-report or one-event limits, verification process, exclusions, Reward Point lot value and expiration, effective time, and any tax treatment. A message, complaint, support ticket, review, or report submitted outside that Report Surface is not award-eligible. These Terms alone create no promise, accrued right, or Merchant cost. A report is not conclusive proof. False, fabricated, coordinated, duplicate, retaliatory, abusive, self-dealing, or unsupported reports are ineligible and may result in proportionate account controls.
- Integrity Award Status and Independence. A potential award remains Pending and unavailable until HDW verifies the report under the terms displayed on the applicable Report Surface. HDW may deny, reduce, cancel, or reverse an award for error, fraud, duplication, ineligibility, or reversal of the underlying determination. An award does not buy a particular statement, rating, sentiment, testimony, waiver, release, confidentiality promise, or outcome; does not reduce any refund or other consumer remedy; and does not prevent you from making a truthful report to a regulator or law-enforcement authority. HDW may disclose that an integrity-report incentive was offered where law or context requires disclosure.
- Pending and Available Status: Reward Points associated with a qualifying purchase appear as "Pending" and are not available for redemption. They become "Available" only after the qualifying completed booking clears verification. A released Reward Point lot is an Available lot for purposes of Sections 5.8 and 5.9.
- Reversals and Adjustment Deficits: A cancellation, refund, chargeback, fraud, or other reduction of the qualifying paid amount cancels or reverses the related Reward Points. HDW may reverse available Reward Points first. If the related points were already used, HDW records an immutable Reward Points adjustment deficit. Available and spendable Bucket B remains zero or greater; future Bucket B awards first repay that deficit. The deficit does not create a cash debt, authorize a later charge, collection activity, set-off, cross-account recovery, or seizure of HDW In-App Credits (Bucket A).
5.31 Reward-Program Integrity:
Submitting false reviews, manipulating a Reward Point award, or using automated content to evade review-authenticity controls is prohibited. HDW may cancel or reverse Reward Points connected with that conduct and apply proportionate account controls under Sections 5.29 and 5.30. This Section does not authorize a negative spendable balance, Bucket A seizure, cash debt, direct charge, collection, or cross-account recovery.
6. Payments, Fees, and Payment Issues
6.1 Display and Currency:
Prices are displayed and charged in United States dollars. If the payment card or payment method you use is issued outside the United States or is denominated in another currency, the final amount charged to you may differ as a result of currency conversion rates and fees applied by your issuer. HDW is not responsible for those differences or for any "Foreign Transaction Fee" or similar charge imposed by your issuer.
6.2 Payments are processed by third‑party payment processors:
HDW does not store full payment card information. By providing payment information at checkout, you authorize HDW through its third-party payment processor to charge the total amount displayed and accepted for that purchase, including applicable taxes and fees. This authorization does not permit a later charge for a refund, Reward Point adjustment deficit, account review, or alleged breach.
6.3 Tax and Regulatory Responsibility:
You are responsible for all applicable taxes, fees, or charges imposed by Merchants or governmental authorities. Where HDW is required by law to collect or remit "Marketplace Provider" taxes, such amounts will be added to your total at checkout.
6.4 The Platform Shield (Agency Disclosure):
HDW operates a technology marketplace. The Merchant provides the underlying Product and remains responsible for its performance. Where Section 6.12 applies, HDW performs only the limited payment-collection role described there. This Section does not eliminate the remedy hierarchy in Section 11, a consumer's rights under the applicable Refund and Cancellation Policy, or a non-waivable right under applicable law.
6.5 HDW Platform Service Fee:
- Fee Structure. HDW charges a mandatory Platform Service Fee on the transaction base stated in the versioned Consumer Fee Schedule ("Service Fee"). The current rate and base are stated in that Schedule and disclosed at checkout before you pay. This fee is charged for use of the HDW platform, HDW's Discovery Engine, and marketplace-facilitation services; it is not payment for the underlying Merchant Product. HDW may modify the Service Fee rate or structure prospectively through a released Consumer Fee Schedule. A change applies only to a purchase made after its effective time, and the immutable checkout record controls the rate and base accepted for that purchase.
- Returns. The Service Fee is handled under the applicable checkout disclosure, Refund and Cancellation Policy, Section 11, and applicable law. An HDW payment or platform error is handled by prompt void, reversal, or original-payment-method return. A Merchant cancellation or verified Merchant non-performance is handled under Section 11.2.
- Tax on Fees. You acknowledge that Service Fee may be subject to applicable taxes, which will be calculated and collected at checkout.
6.6 Payment Disputes and Duplicate Recovery:
Nothing in these Terms limits a right that you have under your payment-method agreement or applicable law. You must not knowingly submit a materially false payment dispute, seek duplicate recovery for the same loss, or use a payment dispute to obtain duplicate satisfaction for a loss already satisfied by a remedy you knowingly received. HDW may provide transaction, checkout, redemption, and support records to the relevant payment processor or issuer and may apply the proportionate controls in Section 5.29 where permitted by law. A Redemption Event, a Product deadline, or a Merchant record is not by itself conclusive proof of full Merchant performance or a waiver of a lawful dispute.
6.7 Consumer Cancellation Deadlines:
Some Products may have a disclosed consumer-initiated cancellation deadline or tiered rule. The applicable checkout disclosure and Refund and Cancellation Policy govern that deadline and remedy. This Section does not affect an HDW payment or platform-error remedy, Merchant cancellation, verified Merchant non-performance, a Generic Product's expiry conversion, or a non-waivable right.
6.8 Transaction Records:
HDW may maintain checkout, payment, account, Redemption Credential, and support records in the ordinary course of operating the Platform and may offer those records in a dispute. Their admissibility, authenticity, reliability, weight, and effect are determined by the applicable decision-maker. A record showing that a Product was reserved, available, scanned, or checked in is evidence of that event, not a conclusive determination of Merchant performance or a consumer remedy.
6.9 Tax Responsibility & Marketplace Facilitator Status:
- Merchant as Product Provider. The Merchant provides the Product. Responsibility for determining, collecting, and remitting Taxes is allocated as required by applicable law and the applicable payment arrangement.
- Tax Inclusion. Taxes may apply to the HDW Service Fee and will be disclosed at checkout where applicable. You are responsible for taxes properly disclosed and charged to you at checkout, subject to applicable law.
- Marketplace Facilitator Collection. In jurisdictions where HDW is legally classified as a "Marketplace Facilitator," HDW may be required to calculate, collect, and remit Taxes on behalf of the Merchant. In such cases, the Tax amount will be clearly displayed at checkout. However, HDW’s collection of Taxes does not shift the "Seller of Record" status away from the Merchant to ensure tax compliance for the underlying service or product provided.
- Consumer Taxes. You are responsible for taxes properly disclosed and charged to you at checkout, subject to applicable law.
6.10 Price Finality and No Price Matching:
All prices are fixed at the moment of the transaction. HDW operates a dynamic marketplace and does not control Merchant pricing fluctuations or third-party platform pricing.
- No Retroactive Adjustments. HDW does not offer price matching, retroactive discounts, or credits if a Merchant subsequently lowers the price of a Product, offers a separate promotion on their own website, or offers a lower price to walk-in customers.
- External Platforms. This "No Price Match" policy extends to prices found on other third-party booking platforms, websites, aggregators, or discount sites.
- Contractual Finality. You agree and acknowledge that the price displayed and paid at checkout is the final contractual price for that specific transaction, regardless of future price changes or "special" in-person rates offered by the Merchant.
- Dynamic Pricing Awareness. You agree and acknowledge that prices on the HDW platform may fluctuate in real-time based on demand, inventory, and Merchant settings.
6.11 Financial Integrity, Sanctions, and Identity Verification:
- Financial-Integrity Review. HDW may take the proportionate compliance and account-security actions in Section 5.29 when reasonably necessary to comply with law, prevent fraud, or investigate suspicious activity.
- Identity Verification. HDW may request information reasonably necessary to comply with law or prevent fraud. HDW's collection and use of personal information is described in the Privacy Policy.
- Return Method. An original-payment-method return is sent to the original method when applicable under Section 11 or the applicable Refund and Cancellation Policy. If that method cannot receive the return, HDW will use a lawful method consistent with the applicable policy and law; HDW will not send a return to an unrelated third-party account.
6.12 Payment Collection and Limited Payment Agent:
- Collection. HDW charges your payment method through its third-party payment processor for the full amount shown at checkout, including the Product price, the Service Fee, and any applicable taxes.
- Conditional Limited Payment-Collection Role. Where HDW and a Merchant have agreed that HDW will collect a Product payment as that Merchant's limited payment-collection agent, payment of the Product price to HDW is treated as payment to the Merchant for that amount. This limited role does not make HDW the seller or provider of the Product, a custodian of funds, a bank, or a money transmitter, and does not alter Section 4. The applicable Merchant agreement and payment configuration govern the corresponding Merchant allocation and payout process.
- Authorization and Capture. Where a cool-off period applies to a purchase, your payment method may be authorized at the time of purchase and charged when the cool-off period ends. An authorization is not a charge; your issuer determines how long an authorization is reflected in your available balance. Where no cool-off period applies, your payment method is charged at the time of purchase.
- No Banking Relationship. HDW is not a bank and does not extend credit. Amounts collected are not deposits, do not earn interest, and are not insured by the FDIC.
- Processor Terms. Payment processing is provided by a third-party processor, and your use of that processing is subject to the processor's own terms and privacy notice. HDW does not store your full payment card number.
7. AI‑Powered Features and Large Language Models
7.1 Machine-Generated Nature:
HDW may make an AI assistant available through the Services (the "AI Services"). AI outputs are generated content provided for general informational and discovery convenience. The AI assistant is identified in its interface. If HDW later provides an AI-generated review summary outside an interface already clearly identified as AI, HDW will place a nearby AI label; these Terms do not promise that a review-summary feature is currently available.
7.2 Accuracy and Verification: AI outputs may be inaccurate, incomplete, outdated, or unsuitable for a particular circumstance. Before relying on material details such as availability, price, timing, accessibility, age restrictions, safety information, or allergens, you should verify those details through the current Product disclosure or with the Merchant. Nothing in this Section waives a right that applicable law makes non-waivable.
7.3 No Professional Advice:
You agree and acknowledge that AI outputs do not constitute professional, legal, medical, financial, regulated or safety advice. HDW expressly disclaims any liability for decisions made based on automated recommendations.
7.4 Independent Review: You remain responsible for using reasonable judgment before travel or participation and for reviewing the current Product disclosure. For health, allergy, accessibility, age, safety, or other material participation information, contact the Merchant or an appropriate professional where appropriate.
7.5 No Waiver of Non-Waivable Rights: Your use of AI Services does not create a warranty about an output's accuracy, completeness, availability, or suitability. Section 16 applies to the extent lawful, but this Section does not create a total waiver of a claim or limit a non-waivable right.
7.6 Privacy and AI Inputs: HDW's collection, processing, retention, and use of AI prompts and outputs are described in the Privacy Policy. Under HDW's selected launch configuration, HDW does not permit provider general-purpose training on prompts and does not train or fine-tune an HDW model on AI prompts or outputs. These Terms do not create a broader categorical privacy commitment than the Privacy Policy.
7.7 Organic Recommendation Integrity and Limitations: HDW does not sell placement in organic AI recommendation ordering, and a Merchant's purchase or nonpurchase of optional promotion, advertising, analytics, or another optional paid service does not by itself improve or reduce that Merchant's organic AI recommendation ordering. Any paid or sponsored placement that HDW later offers must be separately identified and must not be represented as organic AI ordering. HDW may keep confidential its ranking factors, signals, thresholds, methods, models, and weights. AI outputs are generated from probabilistic systems and available information and may still reflect limitations or bias in source information or models; HDW does not promise that an output is complete or appropriate for every purpose.
7.8 Future Changes: If HDW changes its AI data practices or introduces a materially different AI feature, HDW will address the change under the Privacy Policy and applicable law before the change takes effect.
7.9 Prohibited Use and Safety Guardrails:
You are strictly prohibited from using HDW AI Services to:
- Jailbreak or Circumvent: Attempt to bypass, "jailbreak," or circumvent any security features, content filters, or safety guardrails of the AI models.
- Harmful Content: Generate or request content that is illegal, discriminatory, sexually explicit, or incites violence or self-harm.
- Deceptive Impersonation: Use AI to create "deepfakes" or misleadingly impersonate any natural person, Merchant, or HDW representative.
- Regulated Advice: Solicit medical, legal, or financial advice. You acknowledge that HDW AI is prohibited from providing clinical or regulated professional guidance.
7.10 Continuous Disclosure:
HDW may identify AI-generated content within the Services. You must not remove, obscure, or alter an identifier HDW applies when sharing that content outside the Platform.
8. Geolocation Services
8.1 On-Device Location Comparison:
Where the Services offer a location-dependent feature, your browser may ask your permission to obtain your device's coordinates. You must expressly allow that access through your browser's own permission prompt; HDW does not force, bypass, or override your browser's or your device's security settings. Where you allow it, the coordinates are used on your device to compute a result — for example, an approximate distance or an estimated travel time relative to a Merchant location — and are then discarded. The precise device coordinates used for that comparison are not transmitted to HDW and are not stored by HDW. HDW does not perform continuous or background location tracking.
8.2 Optional; Results Are Estimates:
Granting location permission is optional, and declining it does not prevent you from joining a queue or waitlist. Any distance, proximity, or travel-time result computed under Section 8.1 is an estimate provided for convenience only. It is not a guarantee, is not a condition of any booking or queue position, and is not a representation of actual travel time. Accuracy depends on your device, your browser settings, network and ISP routing, VPN use, and real-world conditions outside HDW's control. To the fullest extent permitted by applicable law, HDW is not liable for any loss arising from an inaccurate, delayed, or unavailable distance, proximity, or travel-time result.
8.3 Third-Party Location Providers:
Where HDW makes available a feature that relies on a third-party mapping, navigation, or location provider, your use of that feature is also subject to that provider's then-current terms and to Section 13.
8.4 User Control and Limitations:
You may revoke location permissions at any time via your browser or device settings. However, you agree and acknowledge that disabling location access will make location-dependent features unavailable, which may include features that earn or apply benefits, as described in the applicable Supplemental Terms.
9. Communications and SMS Messaging
9.1 Text-Message Programs:
HDW operates one or more text-message programs in connection with the Services. Those programs are governed by the HDW SMS / Text Messaging Terms, available at https://heydowhat.com/sms-terms (the "SMS Terms"), which are Supplemental Terms for the purposes of Section 20 and are incorporated into these Terms by reference.
9.2 The SMS Terms Govern:
The SMS Terms govern program identification, SMS consent and enrollment, message frequency, opt-out scope and processing, re-enrollment, feature commands, mobile-number obligations, message delivery, and program operation. Where these Terms and the SMS Terms address the same matter, the SMS Terms control as provided in Section 20.3, except that dispute resolution, arbitration, governing law, venue, and the standalone individual-proceeding waiver are governed exclusively by these Terms as provided in Section 20.5.
9.3 Consequences of Opting Out:
You may opt out of HDW text messages at any time, by the means and with the scope described in the SMS Terms. You agree and acknowledge that opting out stops account and operational text messages — including one-time passcodes, security codes, password-reset messages, and queue and waitlist notifications — and that you may be unable to complete any action that requires SMS verification unless and until you re-enroll or use an alternative method HDW makes available.
9.4 Feature Commands Are Not Opt-Out Requests:
Certain short replies are Platform feature commands that perform a Platform action and do not change your messaging consent status, and certain replies are opt-out requests that stop messages without performing any Platform action. The SMS Terms identify which replies are feature commands and which are opt-out requests. Opting out of text messages does not remove you from any queue, waitlist, or booking, and does not close your account.
9.5 Liability for Missed Alerts:
SMS delivery is subject to carrier, network, device, and other factors outside HDW's reasonable control. Opting out of operational messages may prevent you from receiving an alert, but does not alter the Product, Wallet, or refund rules otherwise applicable to you. Nothing in this Section limits a non-waivable right.
9.6 Mobile Information:
Mobile information, including mobile telephone numbers, SMS opt-in data, SMS consent records, and SMS message-originator data, will not be sold, rented, released, disclosed, transferred, or shared with third parties or affiliates for their own marketing or promotional purposes, as further provided in the SMS Terms. HDW's collection, use, disclosure, and retention of information in connection with the text-message programs is described in the HDW Privacy Policy.
10. User-Generated Content
10.1 Operational Content License:
The Services may allow you to post, upload, or submit reviews, messages, photos, videos, or other content ("User Content"). You retain ownership of your User Content. You grant HDW a non-exclusive, worldwide, royalty-free license to host, reproduce, format, display, and distribute User Content through the ordinary operation of the Services, including displaying a review with the applicable Merchant listing and providing the content to service providers that process it for HDW. The license lasts only for as long as reasonably necessary for those ordinary operations, subject to lawful retention, backup, dispute, and enforcement needs. You represent that you have the rights needed to submit the User Content and grant this limited license.
10.2 Privacy and Promotional Use:
The operational license in Section 10.1 does not authorize HDW to use a selected review, photo, testimonial, name, image, likeness, or voice outside the ordinary Product experience for advertising, social media, public relations, sales materials, or similar promotion. Before that separate promotional reuse, HDW will obtain a specific opt-in at the time it selects the content. HDW's treatment of User Content for AI and related purposes is described in the Privacy Policy.
10.3 Content Rules:
You must not submit User Content that unlawfully infringes another person's rights, is fraudulent or materially misleading, or violates these Terms. A review must reflect your own first-hand experience. The reward and verified-booking disclosures in Section 5.30 apply to rewarded HDW-native public reviews. HDW may apply neutral authenticity and content-moderation rules without conditioning a reward or display decision on positive sentiment.
10.4 Moderation and Removal:
HDW may remove, limit, or retain User Content as reasonably necessary to apply neutral content rules, address a legal or safety concern, preserve evidence, or operate the Services. A moderation decision does not determine the truth of a review or eliminate a right under applicable law. HDW must not remove or suppress a review merely because it is negative.
10.5 No Blanket Publicity Release:
Nothing in these Terms is a blanket marketing, likeness, publicity, attribution, or moral-rights waiver. Any permission needed for selected promotional reuse is governed by the separate opt-in described in Section 10.2.
11. Performance, Substitutions, and Right to Cancel
11.1 HDW’s Unilateral Right to Cancel:
HDW may cancel a transaction before redemption for a manifest pricing or technical error, suspected fraud, unauthorized use, security concern, or other lawful operational reason. If the cancellation results from an HDW payment or platform error, HDW will promptly void or reverse the charge or return the eligible external-payment amount to the original payment method. No interim Bucket A credit is required for that cause. Bucket A and Bucket B restoration is governed by Section 5.12. This Section does not limit a remedy required by applicable law.
11.2 Merchant Failure to Perform:
If a Merchant cancels before redemption or HDW verifies that the Merchant did not perform a Product, HDW will return the eligible externally paid portion directly to the Original Payment Method. Bucket A is restored to Bucket A, and Bucket B is restored to the applicable original Reward Point lots with their original attributes, under Section 5.12 and the Refund and Cancellation Policy. The Consumer Platform Service Fee and related tax receive the cause-specific full or proportional return stated in the Consumer Fee Schedule.
A Merchant-selected cancellation rule cannot override this Section, the HDW payment or platform-error rule in Section 11.1, or applicable law. HDW does not replace Direct OPM with an automatic temporary credit. Only after Terminal Direct-OPM Failure may you affirmatively elect the eligible failed external amount as Bucket A under the Refund and Cancellation Policy; silence, a preselected setting, ordinary Wallet use, or a prior general election is insufficient. This consumer-facing Section does not allocate processor costs, payout reversals, or other Merchant financial obligations.
11.3 Merchant Substitution Clause (The "Equal or Better" Rule):
Where a Product disclosure permits a Merchant to substitute a component, the Merchant may make a lawful substitute consistent with that disclosure.
- Merchant determinations about a substitute do not bind you, a court, or an arbitrator. A material failure to provide the Product disclosed at checkout may be addressed under Section 11.2 or applicable law.
- Unless the checkout disclosure identifies a particular person or item as a contractual element, a change in personnel or a comparable Product component does not alone establish non-performance.
11.4 Force Majeure (Act of God):
- Merchant Impossibility. If a Merchant cannot perform because of an event beyond reasonable control, Section 11.2 governs the consumer remedy. Section 16 governs any lawful limitation of HDW liability.
- Consumer Attendance. If a Merchant remains able to perform, a consumer's inability to attend is governed by the disclosed Product cancellation rule and the applicable Refund and Cancellation Policy. This does not determine the legal effect of a separately reported Merchant failure or a non-waivable right.
11.5 Availability and Overbooking:
Merchant overbooking, a Merchant's refusal to honor a valid booking, or a verified Merchant availability failure is addressed under Section 11.2. HDW does not guarantee that a Merchant will remain available, but that disclaimer does not alter the cause-specific remedy or a non-waivable right.
11.6 Administrative Determinations:
HDW makes operational determinations regarding value, cancellation, substitution, and Merchant performance in order to administer the Platform and to resolve disputes through its internal support process. Those determinations govern how HDW administers your account and a transaction. They do not conclusively determine your legal rights or bind a court or arbitrator. HDW may rely on its records and determinations as evidence, subject to Applicable Law and the applicable rules of evidence. This Section governs HDW's internal administration only. It does not waive your right to seek individual arbitration under Section 17, and it does not limit the authority of a court or arbitrator to determine any fact or issue.
12. Community Safety and User Interaction
12.1 Shared Visibility and Privacy Control: The Services may allow you to interact with, or share Platform activity with, other Users where HDW makes such features available. Participation is voluntary and requires your affirmative opt-in. Enabling a sharing feature may disclose the activity you elect to share to the Users you designate. You should use reasonable judgment when choosing whom to interact with and what to share. HDW does not undertake to verify every User's identity, background or safety; any verification actually performed or expressly represented remains limited to its stated scope. Sharing does not authorize disclosure beyond your selected scope, waive HDW's duties under these Terms or the Privacy Policy, or expand your assumption of risk beyond what law permits.
12.2 User Interactions and Limited Review: You are responsible for your own conduct in interactions with other Users, online and offline. HDW does not promise general criminal-background screening, identity verification or monitoring of private communications. HDW does not guarantee another User's conduct and, to the extent permitted by law, disclaims responsibility for that User's independent harassment, stalking or other harmful conduct. These Terms do not create a general monitoring duty. HDW may moderate under Section 10, but a decision to remove or retain content does not by itself determine its legality or create a broader duty to monitor. This Section does not eliminate an express HDW obligation or remedy or liability that law does not permit to be disclaimed. Applicable damages exclusions and limitations in Sections 15 and 16 remain controlling.
12.3 Safety Action and Investigative Cooperation: HDW may review a reasonably supported safety concern and apply the proportionate controls in Section 5.29 to abusive, threatening or other conduct that violates these Terms, including off-Platform conduct presenting a reasonably identified safety risk to the HDW community. HDW does not promise to monitor every interaction or investigate every report. Account or content action remains subject to any applicable notice, correction, Wallet, cancellation and remedy requirements; a report is not conclusive proof. HDW may cooperate with law enforcement and disclose relevant User Content or account information only as permitted by the Privacy Policy and applicable law. Any requested User cooperation is governed by Section 5.28.
13. Third-Party Services
13.1 Third-Party Services Disclaimer:
The Services may link to, or make available features that rely on, services operated by third parties, including mapping, navigation, transportation, and location providers. A link or integration does not by itself give HDW control over that provider's operations or constitute HDW's guarantee of the accuracy, safety, availability or reliability of its data or service. Your use of a third-party service is subject to that provider's applicable terms and privacy policy, which you are responsible for reviewing. The qualifications in Section 13.3 apply to this entire Section 13.
13.2 Mapping and Navigation Disclaimer:
HDW does not provide mapping, routing, traffic or navigation services. Where the Services display or link to such information, it is provided by a third party for informational purposes only. Real-world conditions, including weather, construction and road closures, take precedence over that information. You must exercise independent judgment and verify that a suggested route is safe, legal and appropriate for current conditions. Subject to Section 13.3 and applicable law, HDW is not liable for damages, delays, losses, injuries, death or property damage attributable to your use of third-party navigation, including inaccurate estimated arrival times, mapping data, traffic conditions or routing into hazardous or inaccessible areas. Use of those features remains at your own risk to the extent permitted by law and subject to the third-party provider's applicable terms.
13.3 Independent Providers and HDW's Responsibilities:
A third-party provider does not become HDW's agent, employee, partner or contractor merely because the Services link to or integrate its service. Any actual agency or other relationship is governed by its valid scope and applicable law, including the conditional limited payment-collection role in Section 6.12. HDW is not a transportation provider, mapping service or safety monitor. Direct a dispute concerning a provider's own service to that provider; this does not prevent a claim against HDW concerning HDW's own obligations or use of the remedies and dispute procedures in these Terms. No disclaimer in this Section 13 eliminates an express obligation or remedy binding on HDW under these Terms, applicable accepted Supplemental Terms or another valid agreement, or liability that applicable law does not permit to be disclaimed. A claim for damages against an HDW Party remains subject to Section 16 to the extent that Section lawfully applies.
14. Indemnification
14.1 Your Duty to Indemnify:
To the extent permitted by applicable law, you will defend and indemnify the HDW Parties from a third-party claim arising directly from your (a) material breach of these Terms, (b) unlawful conduct, (c) infringement of another person's intellectual-property, privacy, or publicity rights through User Content you submit, or (d) fraud or willful misconduct. This obligation does not require you to indemnify an HDW Party for that party's own negligence, willful misconduct, statutory violation, or Merchant conduct.
14.2 Merchant-Specific Obligations:
Merchant indemnity, insurance, licensing, safety, performance, payment, and payout obligations belong exclusively in the Merchant's separately accepted agreement with HDW and are not created by these consumer Terms.
14.3 Procedures and Control of Defense:
- Notice: HDW will provide prompt notice of a claim for which it seeks indemnity. Delay or failure to provide notice relieves the indemnifying party of its obligations only to the extent that party is materially prejudiced by the delay or failure.
- Control: HDW may control the defense of an indemnified claim with counsel reasonably acceptable to the indemnifying party. The indemnifying party may participate with its own counsel at its own expense.
- Settlement: HDW will not settle a claim in a manner that admits fault by, or imposes a non-monetary obligation on, the indemnifying party without that party's written consent, not to be unreasonably withheld.
14.4 Survival:
The obligations in this Section survive account suspension, termination, deactivation or deletion, discontinuation of the Services, and termination of these Terms or your relationship with HDW to the extent they apply to conduct, a claim or an obligation within Section 14.1 that arose before termination or is connected with a provision that validly survives. Survival does not enlarge the indemnified subject matter or extend an applicable limitation period. An obligation binds an estate, successor or permitted assign only to the extent provided by applicable law or a valid assumption; being an heir does not by itself create personal liability. Sections 14.1 and 14.3 continue to govern the scope, exclusions and procedure.
15. Disclaimers
15.1 General Disclaimer:
EXCEPT FOR AN EXPRESS OBLIGATION OR REMEDY BINDING ON HDW UNDER THESE TERMS, AN APPLICABLE ACCEPTED SUPPLEMENTAL TERM OR OTHER VALID AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HDW DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO DISCLAIMER IN THIS SECTION 15 ELIMINATES AN EXPRESS OBLIGATION OR REMEDY THAT REMAINS BINDING ON HDW OR A RIGHT THAT APPLICABLE LAW DOES NOT PERMIT TO BE WAIVED. THIS QUALIFICATION DOES NOT CREATE AN ADDITIONAL WARRANTY OR GUARANTEE.
15.2 Merchant and Product Disclaimer:
HDW IS NOT THE OPERATOR OR INSURER OF A MERCHANT'S BUSINESS. HDW DOES NOT CERTIFY OR GUARANTEE A MERCHANT'S OR PRODUCT'S QUALITY, FULFILLMENT, SAFETY, LEGALITY, SANITATION, LICENSING, COMPLIANCE OR SUITABILITY. A MERCHANT'S OR PRODUCT'S APPEARANCE ON THE PLATFORM IS NOT SUCH A CERTIFICATION OR GUARANTEE. IF HDW REVIEWS INFORMATION ABOUT A MERCHANT OR LISTING, THAT REVIEW DOES NOT BY ITSELF CONSTITUTE A COMPREHENSIVE BUSINESS, SAFETY OR COMPLIANCE AUDIT OR GUARANTEE FUTURE PERFORMANCE. THIS SECTION DOES NOT PROMISE THAT HDW CONDUCTS ANY PARTICULAR CHECK OR REVIEW. HDW DOES NOT WARRANT THE ACCURACY OF MERCHANT-SUPPLIED LISTINGS, PRICING, AVAILABILITY OR OMISSIONS, SUBJECT TO SECTION 15.1 AND THE EXPRESS REMEDIES IN SECTION 11. MERCHANTS REMAIN RESPONSIBLE FOR THEIR OWN OFFERINGS AND PERFORMANCE. YOU SHOULD ASSESS THE RISKS OF INTERACTING WITH A MERCHANT OR USING ITS PRODUCTS; THIS SECTION DOES NOT RELEASE A MERCHANT FROM ITS OWN NEGLIGENCE OR LIMIT A NON-WAIVABLE RIGHT.
15.3 Third-Party Conduct:
HDW IS A TECHNOLOGY INTERMEDIARY AND DOES NOT GUARANTEE THE CONDUCT OF USERS, MERCHANTS OR OTHER THIRD PARTIES, ONLINE OR OFFLINE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HDW DISCLAIMS RESPONSIBILITY FOR THEIR INDEPENDENT DEFAMATORY, OFFENSIVE, ILLEGAL OR OTHER CONDUCT, SUBJECT TO SECTION 15.1. THIS ALLOCATION DOES NOT ELIMINATE HDW'S OWN EXPRESS DUTIES OR DETERMINE RESPONSIBILITY FOR HDW'S OWN CONDUCT MERELY BY LABELING HDW AN INTERMEDIARY. ANY LIABILITY, IMMUNITY OR OTHER DEFENSE DEPENDS ON THE APPLICABLE LAW AND FACTS; THIS SECTION DOES NOT CREATE A GENERAL MONITORING OR INVESTIGATION DUTY.
15.4 AI and Content Disclaimer:
YOU ACKNOWLEDGE THAT AI-GENERATED OUTPUTS, SEARCH RESULTS, AND RECOMMENDATIONS ARE PROBABILISTIC AND MAY CONTAIN INACCURACIES, OMISSIONS, OR "HALLUCINATIONS." HDW DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ACCESSED THROUGH THE SERVICES. YOU SHOULD INDEPENDENTLY VERIFY ALL CRITICAL INFORMATION (E.G., EVENT TIMES, ALLERGEN DISCLOSURES) WITH THE MERCHANT DIRECTLY.
15.5 Technical Disclaimer:
HDW DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT DATA TRANSMISSION OVER THE INTERNET IS INHERENTLY INSECURE.
15.6 No Additional Warranty from Advice:
ORAL OR WRITTEN INFORMATION OR ADVICE OBTAINED FROM HDW OR THROUGH THE SERVICES DOES NOT BY ITSELF CREATE A WARRANTY BEYOND THE TERMS VALIDLY GOVERNING THE MATTER. SECTION 5.15 GOVERNS SUPPORT COMMUNICATIONS AND AUTHORIZED RESOLUTIONS. THIS SECTION DOES NOT DEFEAT AN OTHERWISE BINDING UNDERTAKING, THE QUALIFICATIONS IN SECTION 15.1 OR A NON-WAIVABLE RIGHT.
16. Limitation of Liability
16.1 Scope of Limitation:
THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED - WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, STRICT LIABILITY, OR ANY OTHER BASIS - AND WHETHER OR NOT HDW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IT APPLIES TO ALL CLAIMS EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, WHETHER KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATING TO:
- YOUR USE OF OR INABILITY TO USE THE SERVICES OR PLATFORM;
- ANY CONDUCT, CONTENT, OR OFFERINGS OF ANY THIRD PARTY OR MERCHANT ON THE SERVICES;
- ANY CONTENT OBTAINED FROM THE SERVICES (INCLUDING AI-GENERATED OUTPUTS); OR
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
16.2 Exclusion of Certain Damages:
SUBJECT TO SECTION 16.7 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HDW PARTIES ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES. THIS EXCLUSION INCLUDES LOST PROFITS, REVENUE, USE, DATA OR GOODWILL; BUSINESS INTERRUPTION; REPUTATIONAL HARM; PERSONAL DISSATISFACTION; LOSSES FROM RELIANCE ON AUTOMATED OR AI-GENERATED OUTPUTS OR RECOMMENDATIONS; AND OTHER INTANGIBLE LOSSES, TO THE EXTENT THEY FALL WITHIN ONE OF THOSE EXCLUDED CATEGORIES. A LOSS IS NOT EXCLUDED BY THIS SECTION SOLELY BECAUSE IT APPEARS IN THAT LIST IF IT IS OTHERWISE RECOVERABLE AS DIRECT DAMAGES. ANY SUCH DIRECT DAMAGES REMAIN SUBJECT TO THE OTHER APPLICABLE PROVISIONS OF THESE TERMS, INCLUDING SECTIONS 16.3, 16.4 AND 16.7.
16.3 Maximum Liability Cap:
SUBJECT TO SECTION 16.7 AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HDW PARTIES' COMBINED TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF LEGAL THEORY, WILL NOT EXCEED THE GREATER OF:
- (A) YOUR NET PAID CONSIDERATION FOR BOOKINGS ACTUALLY FULFILLED, OR ENDED UNDER A LAWFUL NONREFUNDABLE OUTCOME, DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR
- (B) ONE HUNDRED U.S. DOLLARS (USD $100.00).
NET PAID CONSIDERATION MEANS THE AMOUNT ACTUALLY PAID BY YOU FOR THE ELIGIBLE BOOKING OR FULFILLED PORTION, INCLUDING THE APPLICABLE PRODUCT PRICE, CONSUMER PLATFORM SERVICE FEE AND TAXES, AFTER DISCOUNTS AND LESS ANY AMOUNT REFUNDED, RETURNED AS A CREDIT, RESTORED OR REVERSED FOR THAT SAME CONSIDERATION. EXTERNAL PAYMENTS AND BUCKET A VALUE REPRESENTING YOUR ACTUAL PAID VALUE APPLIED TO AN ELIGIBLE BOOKING ARE COUNTED ON THE SAME BASIS. THE VALUE OF MERCHANT-FUNDED OR HDW-FUNDED COUPONS, DISCOUNTS, SUBSIDIES, COMPLIMENTARY ITEMS OR OTHER PROMOTIONAL BENEFITS, AND BUCKET B REWARD POINTS, IS EXCLUDED. UNCAPTURED AUTHORIZATIONS AND UNUSED VALUE RETURNED OR CONVERTED TO BUCKET A DO NOT INCREASE THE BASE. BUYING, CANCELING, CONVERTING OR REUSING VALUE DOES NOT COUNT THE SAME CONSIDERATION MORE THAN ONCE. A CLAIM OR PAYMENT DISPUTE DOES NOT BY ITSELF EXCLUDE A PAYMENT; THE ACTUAL PAYMENT, FULFILLMENT AND REFUND OR REVERSAL OUTCOMES GOVERN.
THE EXISTENCE OF MULTIPLE CLAIMS OR MULTIPLE HDW PARTIES DOES NOT ENLARGE THE CAP. THIS CALCULATION SETS A LIMIT; IT DOES NOT ESTABLISH LIABILITY OR ENTITLEMENT TO THAT AMOUNT.
16.4 Specific Exclusions: Subject to applicable law and the qualifications below, HDW is a technology intermediary and is not responsible for:
- A Merchant's independent acts, omissions, service failure, or product quality, safety, suitability, legality or compliance, subject to Section 11;
- A third party's independent misuse of data;
- On-site incidents, personal injury, wrongful death, illness, loss or property damage arising from Merchant premises or the Merchant's provision of a Product;
- Inaccuracy in AI-powered search, conversational features, recommendations or outputs, including reliance on an AI-generated error; or
- A User's or third party's duplication, disclosure, loss, misuse or fraudulent redemption of a QR code, ticket or other Redemption Credential.
These exclusions do not eliminate an express obligation or remedy binding on HDW under these Terms, applicable accepted Supplemental Terms or another valid agreement, or liability that applicable law does not permit to be disclaimed. The involvement of a Merchant, third party, AI feature or Redemption Credential does not by itself excuse HDW from responsibility otherwise arising from its own acts or omissions. Any claim for damages remains subject to the other applicable exclusions and cap in this Section 16 and its exceptions; this paragraph does not create an additional duty, guarantee or remedy.
16.5 Activity Risks:
HDW does not own, operate, or manage Merchant premises. Products may involve ordinary activity, travel, alcohol, food, wellness, crowds, or other risks that a consumer should assess before participation. This acknowledgement is not a release of a Merchant's negligence, an assumption of risk beyond what law permits, or a waiver of a non-waivable right. For a Product involving alcohol, you represent that you are of legal drinking age.
16.6 No Merchant Third-Party Beneficiary Rights:
Merchants are not intended third-party beneficiaries of a consumer release, disclaimer, limitation, or waiver in these Terms. Except for an HDW Party where a provision expressly states otherwise, these Terms do not create third-party beneficiary rights.
16.7 Exceptions and Existing Payment or Value Obligations:
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR WRONGFUL DEATH OR PERSONAL INJURY TO THE EXTENT CAUSED BY HDW'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT APPLICABLE LAW DOES NOT PERMIT TO BE EXCLUDED OR LIMITED, INCLUDING LIABILITY FOR FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT TO THE EXTENT THAT LAW PROHIBITS THE PARTICULAR LIMITATION.
NO DISCLAIMER, DAMAGES EXCLUSION OR CAP IN THESE TERMS REDUCES A REFUND, PAYMENT, PAID-VALUE CREDIT CONVERSION OR SOURCE RESTORATION THAT HDW IS ACTUALLY REQUIRED TO PROVIDE UNDER THESE TERMS, APPLICABLE ACCEPTED SUPPLEMENTAL TERMS OR ANOTHER VALID AGREEMENT. THE ACTUAL ELIGIBILITY, AMOUNT, SOURCE, TIMING AND LAWFUL CORRECTION RULES FOR THAT OBLIGATION CONTINUE TO APPLY. THIS DOES NOT CREATE A NEW RIGHT TO CASH OUT CREDITS OR REWARD POINTS. A SEPARATE CLAIM FOR DAMAGES, INCLUDING DAMAGES FOR DELAY OR NONPERFORMANCE OF SUCH AN OBLIGATION, REMAINS SUBJECT TO THE OTHERWISE APPLICABLE EXCLUSIONS AND CAP UNLESS LAW OR THE GOVERNING AGREEMENT REQUIRES OTHERWISE. AMOUNTS ALREADY REFUNDED, RESTORED, PAID OR OTHERWISE SATISFIED MUST BE CREDITED AGAINST RECOVERY FOR THE SAME LOSS; THERE IS NO DUPLICATE RECOVERY.
16.8 Public Health and Communicable Disease:
Visiting a Merchant location or participating in a Product may involve exposure to communicable diseases, viruses or bacteria. To the extent permitted by law, you voluntarily assume the ordinary inherent exposure risks of your participation, subject to Sections 16.5 and 16.7. HDW does not warrant that a venue is sanitary or free from communicable disease. This acknowledgment does not disclaim a warranty actually made by a Merchant, release a Merchant from its own negligence, expand an assumption of risk beyond what law permits, or waive a non-waivable right. It does not eliminate HDW's express obligations or remedies under these Terms.
16.9 No Professional Advice:
The Services may facilitate bookings for wellness, fitness, or instructional activities. HDW is not a medical, legal, or professional service provider. Any information provided through the Services (including AI-generated content) is for informational purposes only and is not a substitute for professional advice. You should consult with a qualified professional before engaging in any physical activity or following any lifestyle recommendations found on the Platform.
17. DISPUTE RESOLUTION, ARBITRATION, AND INDIVIDUAL PROCEEDINGS
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
17.1 Informal Resolution: Before filing an arbitration demand, the party bringing the claim must send the other party a written Notice of Dispute. You must send your notice to support@heydowhat.com or the mailing address in Section 29. HDW must send its notice directly to the email or mailing address you have provided for your account or the transaction, or another contact address you have provided for the dispute; a general Platform posting is not notice of HDW's claim against you. The notice must identify the sender, the account email if applicable, the claim's basis and contact information for a response. The parties will attempt in good faith to resolve the dispute for sixty (60) days after receipt of the notice. Receipt occurs when the notice reaches the designated receiving system or address in a form that can be accessed and retained; individual opening, reading or acknowledgment is not required. To the extent lawful, completion of that period is a condition before filing arbitration. It does not prevent an eligible small-claims action, emergency relief, a legally protected report to an authority, or a filing necessary to preserve a claim before an applicable deadline. It does not eliminate a non-waivable right or require continued negotiation after the sixty-day period before a party may proceed.
17.2 Binding Individual Arbitration: Except for a consumer who timely opts out under Section 17.5, you and HDW agree that a dispute arising from or relating to these Terms or the Services will be resolved by binding individual arbitration rather than court. The arbitration is administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and fee provisions. The Federal Arbitration Act governs the arbitration agreement. Arbitration proceedings will be conducted remotely by default, by videoconference or telephone, unless the AAA Consumer Arbitration Rules, applicable law, or a mutually agreed alternative requires otherwise. The seat of arbitration is New York County, New York.
Either party may bring an eligible individual claim in small-claims court while it remains in that court. Either party may seek individual temporary, preliminary, or permanent injunctive or equitable relief in a court of competent jurisdiction to protect intellectual-property rights, prevent unauthorized access to systems or data, or address another claim that law does not permit to be arbitrated. A statutory or public-injunctive-relief claim is handled as required by applicable law. These limited court paths do not waive arbitration of an otherwise arbitrable claim.
17.3 Standalone Individual-Proceeding Waiver:
TO THE MAXIMUM EXTENT LAWFUL, YOU AND HDW MAY BRING A CLAIM AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, PRIVATE-ATTORNEY-GENERAL, OR OTHER GROUP PROCEEDING. NO COURT OR ARBITRATOR MAY CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS EXCEPT TO THE EXTENT LAW REQUIRES. THIS IS A STANDALONE LITIGATION PROVISION, NOT A TERM OR CONDITION OF THE ARBITRATION AGREEMENT. A VALID ARBITRATION OPT-OUT UNDER SECTION 17.5 DOES NOT OPT YOU OUT OF THIS INDIVIDUAL-PROCEEDING WAIVER.
This waiver does not prohibit common or coordinated representation of separate individual claims or their administration under Section 17.4. It does not restrict a claim, form of relief or proceeding that applicable law makes non-waivable, including public injunctive relief to the extent protected by applicable law. Such a matter is handled under Section 17.2 and applicable law.
17.4 Multiple or Coordinated Arbitrations:
Where multiple arbitration demands are filed against HDW by or with the coordination or assistance of the same law firm or group of firms, and the AAA determines its Mass Arbitration Supplementary Rules apply, those Rules and the related AAA fee schedule govern their administration. HDW does not impose separate batching, sequencing, attorney-signature, filing-order, damages, or procedural-deterrent rules.
17.5 Arbitration Opt-Out:
A first-time consumer account holder may opt out of the arbitration agreement in Section 17.2 by sending an Arbitration Opt-Out Notice to support@heydowhat.com within thirty (30) calendar days after that consumer first affirmatively accepts these Terms. The notice must state the consumer's full legal name, account email, and clear intent to opt out. A timely valid opt-out means neither party may compel that consumer to arbitrate a claim under these Terms; an individual court claim may proceed subject to Section 18, applicable law, and the standalone individual-proceeding waiver in Section 17.3. The opt-out period does not reset after a later Terms update, and an opt-out does not affect another provision of these Terms.
17.6 Delegation:
A court of competent jurisdiction decides whether the parties formed an arbitration agreement, whether they agreed to this delegation provision, which agreement controls if allegedly applicable agreements conflict, the validity of a claimed arbitration opt-out, the enforceability of the standalone individual-proceeding waiver, and any other issue applicable law reserves to a court. Subject to those matters and the AAA's authority under its applicable rules, the arbitrator has exclusive authority to decide disputes about the interpretation, applicability, scope and enforceability of the arbitration agreement.
17.7 Jury Trials:
Arbitration is decided by an arbitrator and not a judge or jury. A consumer who validly opts out of arbitration does not waive the right to a jury trial in an individual court action.
17.8 Severability:
If a provision in this Section 17 is found invalid or unenforceable, it will be severed or limited only to the extent necessary and the remaining provisions will remain effective to the maximum extent lawful. Invalidity of the standalone individual-proceeding waiver does not automatically void the arbitration agreement, and invalidity of the arbitration agreement does not automatically void the standalone individual-proceeding waiver.
17.9 Survival:
This Section 17 survives suspension, termination, deactivation, deletion of an account, discontinuation of the Services, and termination of these Terms, subject to Section 19.1's prospective-update rule.
18. Governing Law and Venue
18.1 Governing Law:
These Terms and any dispute arising out of or related to the Services shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-law principles. This provision applies notwithstanding the arbitration requirements in Section 17.
18.2 Exclusive Venue:
For a claim permitted to proceed in court under Section 17, other than an eligible individual small-claims action or a proceeding for which applicable law requires another forum, you and HDW agree that the state and federal courts located in New York County, New York, shall have exclusive jurisdiction to the extent permitted by applicable law. You and HDW consent to the personal jurisdiction of those courts and waive an objection based on inconvenient forum to that extent. This provision does not send an otherwise arbitrable claim to court, restrict the small-claims option in Section 17.2, or waive a non-waivable right to another forum. It does not itself establish federal subject-matter jurisdiction.
18.3 Federal Arbitration Act:
To the extent applicable, the Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement in Section 17. This Section does not waive a protection or right that applicable law makes non-waivable.
19. Updates, Modifications, and Termination
19.1 Updates and Modifications:
HDW may update, modify, suspend, or discontinue part of the Services, features, content, or these Terms. HDW will provide conspicuous advance notice of a material Terms change through the Platform, email, or another reasonable method, and will identify its effective date. Where HDW presents an updated version of these Terms for affirmative acceptance, that version applies when you accept it; continued use alone is not acceptance of that version. Where affirmative acceptance is not required, continued use after the effective date constitutes acceptance only to the extent permitted by applicable law. A change does not retroactively govern a dispute already noticed, filed, or accrued; a completed transaction's cancellation or refund remedy; or a Bucket A or Bucket B right already issued for a completed transaction, except where applicable law requires otherwise.
19.2 Suspension or Termination by HDW:
HDW may suspend, limit, or terminate your account or access to the Services when reasonably necessary for:
- Security concerns;
- Legal or regulatory compliance;
- Suspected fraud, abuse, or misuse;
- Operational or technical necessity; or
- Violation of these Terms.
Upon termination, HDW may delete account information and User Content subject to its Privacy Policy, lawful retention obligations, and the need to preserve records for a dispute, fraud review, or legally required right. Termination does not eliminate an unredeemed Product, Wallet value, or remedy that these Terms or applicable law requires HDW to preserve.
19.3 Termination by User:
You may terminate your account at any time by contacting Customer Support at support@heydowhat.com. HDW may also make an in-Platform account-closure control available; where it does, you may use that instead. Termination does not itself create a refund or cash-payment right, but it also does not eliminate a return, Wallet treatment, or other remedy required by Sections 5 and 11, the applicable Refund and Cancellation Policy, or applicable law. Rights and obligations that accrued before termination continue only to the extent provided by these Terms and applicable law.
20. Supplemental Terms and Service-Specific Agreements
20.1 Issuance of Supplemental Terms: HDW may, from time to time, make available supplemental terms, service-specific agreements, program agreements, feature-specific policies, or promotional terms (collectively, "Supplemental Terms," and each a "Supplemental Term") governing your access to and use of specific services, features, programs, promotions, or content made available through the Platform in addition to, or as optional enhancements of, the services governed by these Terms. Supplemental Terms are supplemental to these Terms and incorporate these Terms by reference in their entirety. A Supplemental Term may be designated by any title, including "Addendum," "Program Terms," "Feature Terms," "Service Agreement," "Service Addendum," or "Supplemental Agreement," and constitutes Supplemental Terms within the meaning of this Section 20 regardless of its title. The Supplemental Terms currently in effect are identified in the index maintained under Section 20.9.
20.2 Acceptance and Binding Effect:
- Presentation and Acceptance. Supplemental Terms will be presented to you through an electronic acceptance mechanism before your access to, enrollment in, or first use of the service, feature, or program they govern. That mechanism will request your affirmative indication of acceptance, such as by selecting a control labeled "I Agree," "Accept," "Enroll," "Join," or a substantially equivalent affirmative action. Your continued access to the Platform, unrelated to the specific service governed by a Supplemental Term, does not constitute acceptance of that Supplemental Term.
- Effect of Acceptance. Your acceptance constitutes your agreement to the applicable Supplemental Terms as of the date and time of acceptance. Your continued access to or use of the specific service or feature governed by those Supplemental Terms constitutes ongoing agreement to them, as amended in accordance with Section 20.7.
- Records of Acceptance. HDW creates and maintains an electronic record of acceptance events for each set of Supplemental Terms, which may include the accepting User, the date and time of acceptance, the method of acceptance, the Internet Protocol address associated with the acceptance event, and the version or content hash of the Supplemental Terms accepted. HDW may rely on those records to establish the terms in effect between you and HDW. Nothing in this Section stipulates that any particular record is admissible, authentic, accurate, or entitled to any evidentiary presumption in a specific proceeding; admissibility, authentication, reliability, presumptions, and burdens of proof remain governed by applicable law, and you retain the right to challenge or present evidence concerning any record.
20.3 Order of Precedence: Where more than one HDW agreement or term applies to the same matter, the following order of precedence governs, from highest to lowest:
- an individually negotiated written agreement signed by authorized representatives of both parties;
- offer-specific or promotion-specific terms, and any Schedule to an agreement between you and HDW, for the specific offer, promotion, transaction, or matter they expressly govern;
- Supplemental Terms, for the specific service, feature, or program they expressly govern;
- these Terms; and
- informational policies published by HDW, only to the extent these Terms or any Supplemental Terms expressly give them contractual effect.
20.4 Scope and Construction of Conflicts:
- Minimum Necessary Scope. A higher-ranked instrument under Section 20.3 prevails over a lower-ranked instrument only with respect to the specific matter it expressly governs, and only to the minimum extent necessary to resolve the conflict.
- No Implied Modification. Supplemental Terms do not modify, supersede, limit, or waive any provision of these Terms with respect to any service, feature, obligation, or matter that those Supplemental Terms do not expressly address.
- Conflicts Between Supplemental Terms. Where two or more Supplemental Terms of equal rank conflict, the Supplemental Terms governing the more specific service, feature, or program prevail; where they are equally specific, the most recently accepted prevail, unless the applicable Supplemental Terms expressly provide otherwise.
- Reconciliation. These Terms and all Supplemental Terms will be interpreted, so far as reasonably possible, as consistent with one another. A conflict exists only where two provisions cannot be reasonably reconciled through standard principles of contractual interpretation.
20.5 Dispute Resolution and Governing Law Are Not Modifiable by Supplemental Terms: Notwithstanding Sections 20.3 and 20.4, no Supplemental Terms modify, supersede, or create an alternative to the dispute resolution, arbitration, arbitration administrator or rules, governing law, venue, or standalone individual-proceeding waiver provisions of these Terms. All disputes arising out of or relating to any Supplemental Terms, including disputes concerning their formation, validity, interpretation, performance, breach, or enforceability, are resolved under Sections 17 and 18, which are incorporated into every Supplemental Term by reference, subject to a valid arbitration opt-out and applicable law.
20.6 Access Conditionality: Access to any service, feature, or program governed by Supplemental Terms is conditioned on your prior acceptance of the applicable Supplemental Terms. HDW may restrict, suspend, or deny access to any such service, feature, or program to any User who has not accepted, or who has withdrawn acceptance of, the applicable Supplemental Terms. Your refusal or withdrawal of acceptance of Supplemental Terms governing a specific optional service does not affect your rights, access, or obligations under these Terms with respect to the Platform's other services and features, except that you will not be entitled to access, use, or receive the benefits of the specific service governed by the declined Supplemental Terms.
20.7 Updates and Amendments to Supplemental Terms:
- Amendment. HDW may update, modify, restate, or replace any Supplemental Terms. With respect to Supplemental Terms governing a service in which you are actively enrolled, or which you are actively using, at the time of a proposed amendment, HDW will provide advance notice of material changes in accordance with Section 19.1 before the effective date of those changes, and will obtain renewed affirmative assent where required by applicable law or by the nature of the amendment.
- Effect of Continued Use. Where HDW presents amended Supplemental Terms for your affirmative acceptance, continued use alone is not acceptance of them. Otherwise, and to the extent permitted by applicable law, your continued access to or use of the service governed by amended Supplemental Terms after the effective date of the amendment constitutes acceptance of the amended Supplemental Terms. If you do not agree to amended Supplemental Terms, you may discontinue your use of the specific service or feature they govern; that discontinuation does not affect your rights and obligations under these Terms or under any other Supplemental Terms to which you remain subject.
- New Supplemental Terms. HDW may introduce new Supplemental Terms for new services, features, or programs at any time. New Supplemental Terms are not binding on you unless and until you accept them in accordance with Section 20.2.
- No Retroactive Expansion. No amendment to, or continued participation under, any Supplemental Terms will retroactively expand the scope of consent previously provided, revive consent that was revoked, or override an opt-out or suppression record.
20.8 Survival: All provisions of any Supplemental Terms that by their nature or express terms are intended to survive the termination, expiration, or cancellation of the applicable service, feature, or program will so survive, including provisions relating to ownership of data and content, intellectual property, indemnification, limitation of liability, confidentiality, and dispute resolution. Termination of any Supplemental Terms, or of the service they govern, does not affect the continued application of these Terms or of any other Supplemental Terms to which you remain subject.
20.9 Index of Active Supplemental Terms: A current index of active Supplemental Terms is made available at https://heydowhat.com/legal where and to the extent HDW publishes it, and may be updated as Supplemental Terms are introduced, retired, or superseded. The omission of any Supplemental Terms from that index does not affect the validity or enforceability of Supplemental Terms you have accepted in accordance with this Section 20.
21. Intellectual Property and Feedback
21.1 HDW Ownership and Proprietary Rights:
"HDW IP" means the content, features and functionality of the Platform to the extent owned by HDW or licensed to HDW for the applicable use, including the HDW name, trademarks, logos, service marks, software, source code, object code, databases, designs, interfaces, graphics, text, images, video, audio, HDW's own AI models, proprietary algorithms, data structures and the Platform's look and feel. HDW and its licensors retain their respective intellectual-property rights. User Content, Merchant materials and other third-party materials remain subject to their owners' rights and the applicable licenses; their appearance on the Platform does not transfer ownership to HDW. Section 10 governs your User Content, and Section 21.4 governs Feedback. HDW claims rights in AI-generated material only to the extent those rights exist under applicable law. Nothing in these Terms grants you ownership of HDW IP.
21.2 Restrictions on Use:
Except as permitted by these Terms, an applicable license, an authorized Platform function or HDW's prior written consent, you must not, or authorize another person to:
- Copy, modify, distribute, sell, lease or license HDW IP;
- Reverse engineer, decompile or attempt to extract the source code or underlying algorithms of the Services;
- Create derivative works from the Services;
- Use a robot, spider, scraper, crawler or other automated means to access, aggregate or mine Platform data;
- Remove, obscure or alter copyright, trademark or other proprietary-rights notices; or
- Use HDW's trademarks or trade dress with a product or service not provided by HDW in a manner likely to cause confusion.
These restrictions do not prohibit an act to the extent applicable law does not permit HDW to restrict it. They do not expand HDW's ownership or override your retained User Content rights under Section 10. No general scraping, redistribution or commercial-use permission is granted by this qualification.
21.3 Copyright Notices and Counter-Notices:
HDW respects others' intellectual-property rights and expects Users to do the same. The Copyright Policy & DMCA Notices identifies HDW's Copyright Agent and provides the requirements and procedures for infringement notices, counter-notices, removal and restoration, and the policy for terminating repeat infringers in appropriate circumstances. That policy governs those copyright procedures and is incorporated into these Terms for that purpose. Send copyright notices and counter-notices to the agent identified there; ordinary support messages do not substitute for the required notice. These procedures do not require a copyright claimant or counter-notice sender to open an HDW account or accept these Terms as a condition of submitting a statutory notice, and do not replace a statutory court or Copyright Claims Board process. HDW may separately exercise its lawful content-moderation rights under Section 10, without treating an independent moderation ground as a determination of copyright infringement.
21.4 Feedback:
"Feedback" means suggestions or ideas you voluntarily provide to HDW about improving or developing the Services. To the extent you own or are authorized to license rights in that Feedback, you grant HDW a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable and transferable license to use, reproduce, modify, distribute, commercialize and otherwise exploit it for any lawful purpose, including improving the Services and creating new products, without compensation, attribution or accounting, unless a separate binding agreement provides otherwise. To the maximum extent permitted by law, you waive only your own moral rights in the Feedback to the extent necessary for those licensed uses.
Submit Feedback on a non-confidential basis; do not include information you lack authority to disclose. This provision does not override an existing confidentiality obligation, the Privacy Policy, or restrictions on personal information, fulfillment notes, support content, AI prompts or responses. User Content does not become unrestricted Feedback merely because it contains a suggestion or is sent to HDW. Sections 10.1, 10.2 and 10.5 continue to govern User Content and separate promotional or publicity permissions. This license does not authorize a use of information or third-party material that is otherwise prohibited or requires separate permission.
21.5 Survival:
The provisions of this Section 21 shall survive the suspension, termination, deactivation, or deletion of your account, the discontinuation of the Services, the termination of these Terms and your use of the Services or your relationship with HDW.
22. Entire Agreement
These Terms, together with the Supplemental Terms validly accepted under Section 20 and other transaction-specific terms or agreements validly incorporated for the matter they govern, constitute the entire agreement between you and HDW within their applicable scope. They supersede prior understandings on the same subject only to the extent those understandings have been validly replaced. Accepted Supplemental Terms remain effective according to their terms and Sections 20.3–20.5; this Section does not merge, extinguish or broaden them. The separately accepted Merchant agreement remains governed by its own scope and formation rules as provided in Sections 1.3 and 3.7. Existing Booking terms and accrued rights are not retroactively replaced by a later version of these Terms.
You may not rely on an ordinary sales statement, promotional material, support communication or Platform message as supplementing or amending the governing agreement or creating an additional representation, warranty or guarantee beyond its valid terms. Section 5.15 governs authorized corrections and resolutions. This Section does not invalidate an otherwise binding agreement or resolution, prevent consideration of relevant evidence concerning the actual terms, authority, assent, fraud or misrepresentation, or waive a right that applicable law makes non-waivable. A statement or record does not establish a binding undertaking or a right to recover merely because it is submitted as evidence. The applicable agreement, authority and acceptance requirements, substantive claim requirements, defenses and Section 17 remain controlling.
23. Assignment
You may not assign, delegate or transfer these Terms or your rights or obligations under them, by operation of law or otherwise, without HDW's prior written consent, except to the extent applicable law requires otherwise. An attempted transfer in violation of this restriction is ineffective to the extent permitted by applicable law. This restriction does not prevent a person from acting through an authorized representative to exercise a right that applicable law protects.
HDW may assign or transfer these Terms and its rights and obligations without your consent, provided the successor assumes the transferred obligations and the transfer does not reduce your existing Booking, Wallet, refund or other accrued rights. HDW may delegate performance, but a delegation does not by itself release HDW from its obligations. Each assignment, transfer, delegation or release remains subject to applicable law, the Privacy Policy and any notice or protection required for the affected information or right. Subject to these limits, these Terms bind and benefit the parties and their permitted successors and assigns.
24. No Waiver
HDW's failure to enforce a right or provision does not by itself waive future enforcement. An express HDW waiver is effective only in a writing signed by a duly authorized HDW representative; a valid electronic signature may satisfy that requirement under Section 31. A valid correction or resolution under Section 5.15 remains effective within its scope. This Section does not prevent satisfaction, discharge, expiration, an applicable limitation period, a binding adjudicative ruling, or another effect that applicable law gives to a party's conduct. Except as expressly provided in these Terms, either party may pursue its available remedies without waiving another remedy, but may not obtain duplicate recovery for the same loss.
25. Severability and Interpretation
If a court of competent jurisdiction or an arbitrator finds any provision of these Terms to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions will remain in full force and effect. If a provision cannot be enforced at all, it will be severed from these Terms and the remainder will continue in full force and effect.
As used in these Terms, the word "including" means "including without limitation." Section headings and parenthetical descriptions are for convenience only and do not affect the interpretation of these Terms.
26. Accessibility
26.1 Platform Accessibility:
HDW designs its Services with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA as a reference standard. If you encounter difficulty accessing the Platform, or require assistance with a booking, please contact us at support@heydowhat.com.
26.2 Physical Merchant Accessibility:
HDW is a technology intermediary and does not own or operate the physical venues listed on the Platform. Merchants are responsible for the accessibility of their premises, Products, policies and service practices and for the accessibility laws applicable to their operations. HDW does not promise routine inspection or verification of a Merchant location's physical accessibility or guarantee a particular accommodation. If you have specific accessibility needs, contact the Merchant through an appropriate method before purchase to confirm the relevant information and arrangements. Doing so is not a condition to a non-waivable right and does not waive a validly disclosed Product term or an applicable remedy. This allocation does not excuse HDW's own applicable accessibility duties or an express undertaking it has made. Sections 11, 15 and 16 govern their respective remedies, disclaimers and limitations.
27. Privacy Rights
HDW's collection, use, disclosure, retention, and privacy-rights request process are governed by the Privacy Policy. Where applicable law grants you a privacy right, HDW will address that right as stated in the Privacy Policy and applicable law. This Section does not alter a right that applicable law makes non-waivable.
28. Survival
Termination of your account or these Terms does not affect rights or liabilities that accrued before termination. Provisions that by their nature should survive will survive, including Sections 4 (Marketplace Role), 5 (Marketplace Rules, Wallet, and Platform Integrity), 6 (Payments, Fees, and Payment Issues), 10 (User-Generated Content), 11.6 (Administrative Determinations), 12 (Community Safety and User Interaction), 13 (Third-Party Services), 14 (Indemnification), 15 (Disclaimers), 16 (Limitation of Liability), 17 (Dispute Resolution), 18 (Governing Law and Venue), 20 (Supplemental Terms), 21 (Intellectual Property and Feedback), and 32 (Notices). Section headings and parenthetical descriptions are for convenience only and do not affect interpretation.
29. Contact
Email: support@heydowhat.com
Mail:
HeyDoWhat LLC
418 Broadway STE R
Albany, NY 12207
USA
30. Queue and Waitlist Services
30.1 The Queue Service:
Where HDW makes a virtual queue or waitlist feature available (the "Queue Service"), it allows you to join a participating Merchant's line through the Platform and receive updates while you wait.
30.2 Governed by the Queue Terms:
The Queue Service is governed by applicable HDW Queue Terms, which are Supplemental Terms for the purposes of Section 20. Before you first use a Queue Service governed by Queue Terms, HDW will present those Queue Terms for affirmative acceptance as provided in Section 20.2. The applicable Queue Terms govern queue eligibility, entry and position, notifications, grace periods, no-shows, suspensions, and cancellation, and control over these Terms as to those matters as provided in Section 20.3. Sections 17 and 18 continue to govern dispute resolution, governing law, venue, and the standalone individual-proceeding waiver, subject to a valid arbitration opt-out and applicable law.
30.3 Wait Times Are Estimates:
Displayed wait times and projected readiness or advancement times are estimates generated from available service data and Merchant configuration. Actual service depends on conditions at the Merchant's location and may occur earlier, later or not at all. HDW does not guarantee a wait time, advancement rate or eventual service, and you should not treat an estimate as a commitment when making travel or scheduling decisions. Recorded entry status, current position, a call for your party and a displayed hold deadline have the respective meanings stated in the applicable Queue Terms; calling a projection an estimate does not convert those records or an express Queue duty into a mere forecast. Applicable review and correction rights remain available.
30.4 Merchant-Operated:
Each Merchant operates its own service, seats its own parties, and controls the speed and order in which it serves them. HDW does not seat parties and is not responsible for a Merchant's acts or omissions, including a failure to honor queue order or your entry. Section 4 applies to the Queue Service in full.
30.5 Location:
Any distance or travel-time indication offered in connection with joining a queue is computed on your device and is subject to Section 8, including that the precise device coordinates are not transmitted to or stored by HDW.
30.6 Notifications:
SMS queue notifications are a courtesy delivery channel governed by Section 9 and the SMS Terms; delivery and timing are not guaranteed. The applicable Queue Terms govern in-app status, displayed hold deadlines and any notification HDW expressly undertakes to provide. This Section does not negate such an express duty or make an inaccurate status record conclusive. A failure to receive an SMS does not by itself extend a hold deadline; applicable Queue review, correction and non-waivable rights remain available.
31. Electronic Communications and Electronic Signatures (E-SIGN Consent)
31.1 Consent to Electronic Records:
You agree to the use of electronic agreements, notices, disclosures, authorizations, acknowledgments, receipts, statements and other records concerning the Services (collectively, "Communications"), subject to this Section and applicable law. This consent covers those categories during your relationship with HDW. HDW may provide Communications by email to your account address, within the Platform, at the point of a transaction, or through another lawful electronic method consistent with the applicable notice and delivery requirements. You may request a paper copy under Section 31.5 and withdraw electronic-delivery consent under Section 31.4.
Where applicable law requires information to be provided or made available to a consumer in writing, HDW may substitute an electronic record only after satisfying the applicable electronic-delivery requirements, including prior clear and conspicuous disclosures and the consumer's affirmative electronic consent or confirmation in a manner that reasonably demonstrates access to the electronic format that will be used. This Section does not by itself establish that those conditions were satisfied or replace a required payment authorization, privacy consent or SMS consent. Specific content, timing, delivery, acknowledgment and retention requirements remain controlling. When a required electronic-delivery condition is absent, the required information must be provided or made available by a method that complies with applicable law.
31.2 Electronic Signatures:
An electronic action, including selecting "I Agree," "Accept," "Join," "Continue," or a substantially equivalent control, constitutes your signature or acceptance only when the presentation reasonably identifies the particular terms or action being accepted, makes the applicable terms accessible, and unambiguously communicates that the action signifies agreement, as required by applicable law. An ordinary navigation or service-use action does not become a signature merely because its label appears in this Section. HDW may maintain records identifying the terms, version, person, action and time; their legal effect, admissibility, authenticity and weight are determined under applicable law. The applicable formation and amendment rules in Sections 1, 19 and 20 remain controlling.
31.3 Hardware and Software Requirements:
To access and retain Communications you need a device with internet access, a current version of a commonly used web browser, a valid email address, and the ability to view, download, save and print documents in common formats, including HTML and PDF. If a change to these requirements creates a material risk that you cannot access or retain a subsequent electronic record covered by a consent governed by the consumer-disclosure requirements of applicable law, HDW will provide the revised requirements and explain your right to withdraw consent without a withdrawal fee or an undisclosed condition or consequence. Before relying on electronic delivery in the changed format, HDW will obtain any renewed electronic consent or confirmation required by applicable law in a manner that reasonably demonstrates access to that format. Failure to satisfy those requirements has the effect provided by applicable law. This paragraph does not require renewed consent for every ordinary browser update.
31.4 Withdrawing Consent:
You may withdraw consent to electronic Communications at any time by emailing support@heydowhat.com and identifying the account or transaction concerned. Withdrawal takes effect within a reasonable period after receipt and does not invalidate a record lawfully provided before it takes effect. Because the Services operate electronically, HDW may restrict future electronic services or close your account to the extent lawful after withdrawal. Any required Communication must still be provided through a lawful method. Withdrawal and account closure do not eliminate an existing Booking, Wallet value, refund or other right that these Terms or applicable law requires HDW to preserve; Sections 19.2 and 19.3 continue to apply. Withdrawal is separate from an SMS opt-out under Section 9 and does not itself cancel an accrued obligation or create a cash-refund right.
31.5 Requesting a Paper Copy:
You may request a paper copy of a Communication by emailing support@heydowhat.com and identifying the record and an address for delivery. HDW may charge a reasonable paper-copy fee only to the extent permitted by applicable law and after disclosing the applicable fee before you incur it. No fee applies where applicable law requires a free copy. Requesting a paper copy does not by itself withdraw electronic-delivery consent.
31.6 Keeping Your Information Current:
You are responsible for keeping your email address and other contact information accurate and current, and for maintaining access to the email account associated with your HDW account.
32. Notices
32.1 Notices to You:
HDW may provide an ordinary notice by email to your account address, a message or banner within the Platform, text message where you have consented to that type of message, or a Platform posting reasonably appropriate to the notice. Subject to any more specific rule, such a notice is given when sent to your designated email address, displayed to you within the Platform, or published through the applicable posting method. You must keep your contact information current under Section 31.6; failure to read a properly provided notice does not by itself invalidate it.
A specific method, timing, direct-delivery, receipt, consent or acknowledgment requirement under these Terms or applicable law controls over this general rule. Sections 17.1, 19.1, 20.7 and 31 govern their respective notices, changes and electronic-delivery conditions. A general posting, sending to a known failed address, or an internal record does not substitute for a required delivery or acceptance. Service of legal process and formal arbitration communications remain governed by applicable law and the applicable procedural rules.
32.2 Notices to HDW:
Except where these Terms specify another method, you must give HDW notice by email to support@heydowhat.com, or by mail to the address in Section 29. A notice to HDW is deemed given when actually received.
32.3 Notice of Dispute:
A Notice of Dispute must be given in the manner and with the content required by Section 17.1. This Section 32 does not modify Section 17.1.
32.4 Changes to These Terms:
Notice of changes to these Terms is given as provided in Section 19.1, and notice of changes to Supplemental Terms as provided in Section 20.7.
33. Force Majeure
33.1 Events Beyond Reasonable Control:
Subject to Section 33.2, HDW is not liable for, and is not in breach because of, a delay or failure of a particular obligation to the extent actually caused by an event beyond HDW's reasonable control. Such events may include acts of God, fire, flood, earthquake, severe weather or other natural disaster; epidemic or pandemic; war, terrorism, civil unrest or labor disturbance; governmental orders, laws, sanctions or embargoes; failure or unavailability of internet, telecommunications, wireless, hosting, cloud, payment-processing or other third-party services; power failure; cyberattack, denial-of-service attack or unauthorized third-party access; or a Merchant's or another third party's act or omission. A listed event does not qualify merely because it occurred. This excuse does not cover the portion of a failure attributable to HDW's own breach of an applicable duty or a condition within its reasonable control. Increased cost, reduced profitability or an ordinary shortage of funds does not by itself excuse performance.
33.2 Effect:
Only an obligation actually affected by a qualifying event is suspended, and only for the period the event prevents its performance and the reasonable recovery time needed to resume it. HDW will take reasonable steps within its applicable duties to mitigate the effects and resume the affected performance. HDW may suspend, limit or discontinue an affected Service where reasonably necessary, subject to these Terms and applicable law; an unrelated obligation remains due according to its terms.
This Section does not extinguish an existing Booking, Wallet balance, accrued payment obligation, required refund, credit restoration, correction or other remedy. If the event temporarily prevents a required payment or restoration, the obligation remains and must be performed through an available lawful method when the impediment no longer prevents it, subject to the applicable payment and remedy rules. Merchant nonperformance remains governed by Sections 11.2 and 11.4 even where the Merchant's failure is beyond HDW's control. This Section creates no new remedy, payment guarantee or recovery right, does not excuse an obligation that applicable law makes non-waivable, and does not displace the applicable limitations in Section 16.
33.3 Merchant Impossibility:
Merchant inability to perform is separately addressed in Section 11.4, which continues to apply.