1. Acceptance of Terms

These Terms of Service ("Terms") are a binding contract between you and OilWatch LLC, a New York limited liability company ("OilWatch," "we," "our," or "us"). They govern your access to and use of the OilWatch website at oilwatch.app and the OilWatch mobile application for iOS and Android (collectively, the "Service").

By creating an account, signing in, or using any part of the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

We may modify these Terms from time to time. We will update the "Last updated" date and, for material changes, provide notice in the Service or by email. Your continued use of the Service after the effective date of the change constitutes acceptance of the modified Terms.

Please read Section 17 (Arbitration and Class Action Waiver) carefully. It affects your legal rights, including your right to a jury trial and to bring or participate in a class action.

2. Eligibility and Geographic Scope

Age requirement. You must be at least 18 years old to create an account or use the Service. By using the Service, you represent and warrant that you are at least 18 years old.

United States only. The Service is offered to users physically located in the United States. By using the Service, you represent and warrant that you are physically located in the United States. We make no representation that the Service is appropriate or available outside the United States. If you access the Service from outside the United States, you do so on your own initiative and at your own risk.

No international compliance. We do not represent that the Service complies with the laws of any jurisdiction outside the United States, including the EU GDPR, the UK GDPR, or any other non-U.S. data protection or consumer protection regime.

3. Description of Service

OilWatch is a community-driven platform that helps users discover restaurants based on their cooking oil and cooking fat practices. Users can browse restaurant information, search for restaurants, submit new restaurants and oil-audit information, save restaurants, and earn reputation for their contributions. Certain features may be made available only to paid subscribers (see Section 7).

4. Phone Number and SMS Consent

4.1 Verification SMS

Sign-in to the Service requires phone-number verification by SMS. By entering your phone number and requesting a verification code, you expressly consent to receive a one-time verification SMS at that number, sent by us through our SMS provider (Twilio).

Message frequency: one verification code per sign-in or sign-up attempt.
Cost: message and data rates may apply from your carrier.
Help: reply HELP to any message or email support@oilwatch.app.
Opt-out: reply STOP to any message. You acknowledge that opting out of verification SMS will prevent you from signing in, because SMS verification is the primary authentication method.

4.2 Marketing SMS (optional)

We may send promotional SMS messages only if you separately opt in during sign-up or in your profile settings. By opting in, you expressly consent to receive recurring marketing SMS messages from us through our SMS provider at the phone number on your account. Consent to marketing SMS is not a condition of purchasing any good or service.

Message frequency: up to 4 messages per month.
Cost: message and data rates may apply from your carrier.
Opt-out: reply STOP to any marketing message or toggle marketing SMS off in your profile. Opt-out does not affect verification SMS.

4.3 Accuracy and ownership of phone number

You represent that any phone number you provide is yours, that you are authorized to receive SMS at that number, and that you will update your account if you no longer use it. You agree to indemnify us for any TCPA, FCC, or carrier complaint resulting from your provision of a phone number you were not authorized to use.

5. Platform Status and User Content Disclaimer

OilWatch is a platform, not a publisher. OilWatch operates as an interactive computer service that enables users to share information about restaurant cooking practices. Pursuant to Section 230 of the Communications Decency Act (47 U.S.C. § 230), OilWatch is not the publisher or speaker of any information provided by users.

User-submitted information. All restaurant listings, oil audit information, ratings, notes, and related content displayed on the Service are submitted by users based on their own research, personal experience, and good-faith understanding. We do not independently verify, endorse, or guarantee the accuracy of any user-submitted information. "Verified" status on a restaurant reflects user-submitted information at a specific point in time; it is not a guarantee that the restaurant's current practices match the listing.

No editorial control over factual accuracy. A restaurant listing's presence on OilWatch does not constitute an assertion by OilWatch about that restaurant's cooking practices. We exercise limited editorial control solely for the purpose of removing content that violates these Terms, not to verify factual accuracy.

Reliance at your own risk. Users and third parties (including restaurant owners) acknowledge that any reliance on user-submitted content is at their own risk. We strongly encourage you to verify cooking-oil information directly with the restaurant, especially if you have an allergy, medical condition, or other reason to require accurate information.

6. User Accounts

To use most features of the Service, you must create an account. You agree to:

Provide accurate, current, and complete information
Maintain the security of your phone number, email, and any authentication credentials
Notify us promptly of any unauthorized access to your account
Accept responsibility for all activity that occurs under your account

We may suspend or terminate an account that violates these Terms, that we believe was created using false information, or for any other reason at our reasonable discretion. You may delete your account at any time through the mobile app's profile settings or by emailing admin@oilwatch.app.

7. Subscriptions and Payments

7.1 Free and paid tiers

The Service includes a free tier and may offer paid subscription tiers ("Premium"). Features included in each tier are described in the Service and may change over time.

7.2 Apple App Store and Google Play

If you purchase a subscription through the iOS mobile app, the purchase is processed by Apple under Apple's terms. If you purchase through the Android app, the purchase is processed by Google under Google's terms. We do not process payment card information directly for App Store or Play Store subscriptions.

7.3 Auto-renewal

Premium subscriptions are auto-renewing. Unless you cancel at least 24 hours before the end of the current billing period, your subscription will automatically renew for the same term at the then-current price. Payment is charged to your Apple ID or Google Play account on confirmation of purchase and at the start of each renewal period.

7.4 Cancellation

You may cancel your subscription at any time through your Apple ID or Google Play account settings. Cancellation takes effect at the end of the current billing period. You will continue to have access to Premium features until that period ends.

7.5 Refunds

Refund requests are handled by Apple or Google according to their respective policies, not by OilWatch. We do not provide refunds for partial subscription periods or unused features except where required by law.

7.6 Price changes

We may change subscription prices for future renewal terms. We will notify you of price changes before they take effect, and your continued subscription after the change constitutes acceptance of the new price. If you do not agree to a price change, cancel before the next renewal.

8. User-Generated Content

The Service allows you to submit restaurant information, oil-audit details, notes, source URLs, profile information, and other content ("User Content"). By submitting User Content, you:

Grant OilWatch a worldwide, non-exclusive, royalty-free, sublicensable, perpetual license to use, host, store, display, reproduce, modify, adapt, publish, and distribute your User Content in connection with the Service and its promotion
Represent that you have the right to submit the content and that it does not violate any third-party rights (including intellectual property, privacy, or publicity rights)
Confirm that the information is accurate to the best of your knowledge and based on your own research or direct experience
Accept sole responsibility for the accuracy and truthfulness of your submissions
Understand that User Content may be reviewed, edited, anonymized, or removed by us at any time, including in response to a dispute or takedown request
Acknowledge that your User Content may be retained on the platform in anonymized form after you delete your account, in order to preserve the integrity of the community database

Your responsibility. If you submit false or misleading information that harms a restaurant's reputation, you may be personally liable to the restaurant or other affected parties.

Submissions on behalf of a restaurant. Submitting User Content on behalf of a restaurant, business, or third party without authorization is prohibited. If you represent that you are the owner, manager, or authorized representative of a restaurant, you must actually be so.

9. Acceptable Use

You agree not to use the Service to:

Submit false, misleading, defamatory, or fraudulent information
Harass, threaten, abuse, dox, or harm other users, restaurant owners, or any other person
Impersonate any person or misrepresent your affiliation with any person, restaurant, or organization
Spam, post duplicate content, or attempt to manipulate the reputation, ranking, or recommendation systems
Interfere with, disrupt, or attempt to circumvent the security or operation of the Service
Access the Service through automated means (bots, scrapers, headless browsers) without our prior written permission
Use the Service in any way that violates applicable law, regulation, or third-party rights
Reverse engineer, decompile, or attempt to extract source code from the Service except to the extent expressly permitted by law

10. Reputation System

The Service includes a reputation system in which users earn points and tier status (such as Scout, Watcher, or Sentinel) for contributing to the platform.

Reputation has no monetary value and cannot be exchanged, transferred, redeemed for cash, or converted to any other form of consideration
We may modify the reputation system, recalculate points, change tier thresholds, or reset balances at any time
If your account is suspended or terminated for violation of these Terms, you forfeit all reputation and tier status associated with that account, and you waive any claim to compensation for that forfeiture

11. Intellectual Property

11.1 OilWatch property

The Service, including all software, design, text, graphics, logos, trademarks (including the OilWatch name and logo), and original content (excluding User Content), is owned by OilWatch LLC and is protected by U.S. and international copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works of any part of the Service without our prior written consent.

11.2 Mobile app license

Subject to your compliance with these Terms, OilWatch grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the mobile app on a device you own or control, solely for your personal, non-commercial use.

11.3 Feedback

If you send us suggestions, feature requests, bug reports, or other feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose, without compensation or attribution to you.

12. Apple App Store and Google Play Terms

If you obtained the mobile app through the Apple App Store, the following additional terms apply:

These Terms are between you and OilWatch LLC, not Apple. Apple is not responsible for the app or its content.
The license granted in Section 11.2 is limited to use on Apple-branded products that you own or control and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
Apple has no obligation to provide maintenance or support for the app.
In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
OilWatch, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your use of it, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and claims arising under consumer protection or similar legislation.
OilWatch, not Apple, is responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim relating to the app.
You represent that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties.
Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and have the right to enforce them against you.

If you obtained the app through Google Play, the equivalent provisions of Google's terms apply, and Google is not responsible for the app.

13. Restaurant Dispute and Takedown Process

For restaurant owners and managers. If you believe that information about your restaurant on OilWatch is inaccurate, misleading, or harmful, you may submit a dispute request.

How to submit. Email admin@oilwatch.app with the subject line "Restaurant Dispute Request" and include:

Your name and your role at the restaurant
The restaurant's name and address as listed on OilWatch
The specific information you believe is inaccurate
The correct information and supporting documentation (menus, invoices, ingredient lists, photos, etc.)
Your contact information for follow-up

Review process. Upon receiving a valid dispute, we will:

Acknowledge receipt within 5 business days
Review the disputed information and supporting documentation
Make a determination within 14 business days of receiving complete information
At our discretion, update, annotate, or remove the listing

No guarantee of removal. Submitting a dispute does not guarantee removal or modification. We evaluate each request on its merits.

14. DMCA Copyright Policy

We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe that material on the Service infringes your copyright, send a written notice to our designated agent that includes:

A physical or electronic signature of the copyright owner or authorized agent
Identification of the copyrighted work claimed to be infringed
Identification of the material on the Service that is alleged to be infringing, with information sufficient to locate it
Your contact information
A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law
A statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the copyright owner

Designated DMCA agent:

OilWatch LLC
Attn: DMCA Agent
c/o Gil J Abadi
767 Broadway #1740
Manhattan, NY 10003
Email: admin@oilwatch.app

We will respond to valid notices by removing or disabling access to the allegedly infringing material. Repeat infringers' accounts may be terminated. If you believe material was removed in error, you may submit a counter-notice under the DMCA's procedures.

15. Disclaimers

No medical or dietary advice. Information on the Service is for general informational purposes only and is not medical, dietary, nutritional, or allergen advice. Consult a qualified healthcare professional before making dietary decisions. Do not rely on the Service to determine whether a restaurant's food is safe for any allergy, intolerance, or medical condition. Cooking practices, ingredients, suppliers, and cross-contamination risk can change at any time and without notice.

Accuracy of information. Restaurant information on the Service is user-generated. It may be inaccurate, incomplete, or out of date. We do not warrant the accuracy, completeness, reliability, or currency of any User Content or other information on the Service.

Verification disclaimer. A restaurant's "verified" status reflects user-submitted information at a specific point in time. It is not a guarantee about the restaurant's current cooking practices. OilWatch is not liable for any harm resulting from a restaurant using cooking oils or practices that differ from what is displayed on the Service.

As-is basis. To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, secure, or error-free.

16. Limitation of Liability

To the maximum extent permitted by law, OilWatch LLC and its members, managers, officers, employees, contractors, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to:

Your access to, use of, or inability to use the Service
Any information obtained through the Service, including User Content
Any food allergy, intolerance, or adverse reaction allegedly caused by reliance on information from the Service
Unauthorized access to or alteration of your account or data
Any other matter relating to the Service

Our total aggregate liability for all claims arising out of or relating to the Service or these Terms shall not exceed the greater of (a) one hundred U.S. dollars ($100) or (b) the total amount you paid us in the twelve months preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

17. Arbitration and Class Action Waiver

Please read this section carefully. It affects your rights.

17.1 Informal resolution

Before filing any formal proceeding, you agree to first try to resolve the dispute informally by emailing admin@oilwatch.app with a written description of your claim. We will try in good faith to resolve the matter within 60 days.

17.2 Binding arbitration

If informal resolution fails, you and OilWatch agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, except as modified by these Terms. The arbitration shall be conducted by a single arbitrator, in English, and may be conducted by telephone, online, or in person in New York County, New York, at your election. Judgment on the award may be entered in any court of competent jurisdiction.

17.3 Class action waiver

You and OilWatch agree that each party may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this class-action waiver is found unenforceable as to a particular claim, that claim shall be severed and litigated in court; the remainder of this Section 17 shall continue to apply.

17.4 Exceptions

This Section 17 does not apply to: (a) small-claims court actions brought on an individual basis; or (b) actions seeking injunctive or other equitable relief to protect intellectual property rights.

17.5 30-day right to opt out

You may opt out of this arbitration agreement by emailing admin@oilwatch.app with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms. The email must include your full name, the phone number or email associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.

17.6 Survival

This Section 17 survives termination of your account and your use of the Service.

18. Governing Law and Venue

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-law rules. Subject to Section 17, any proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in New York County, New York, and you consent to personal jurisdiction and venue in those courts.

19. Indemnification

You agree to indemnify, defend, and hold harmless OilWatch LLC and its members, managers, officers, employees, contractors, and agents from any claim, damage, loss, liability, cost, or expense (including reasonable attorneys' fees) arising out of or related to:

Your use of the Service
Your User Content, including any claim that your submissions are inaccurate, defamatory, or otherwise harmful
Any claim by a restaurant, business, or individual that your submissions caused reputational or economic harm
Your violation of these Terms or any applicable law
Your provision of a phone number, email address, or other information you were not authorized to use
Any dispute between you and a third party arising from your use of the Service

This obligation survives termination of your account.

20. Termination

We may suspend or terminate your account and access to the Service at any time, with or without notice, for any reason, including if we believe you have violated these Terms. You may also terminate by deleting your account.

Upon termination, your right to use the Service ends immediately. The following provisions survive termination: Sections 5 (Platform Status), 7.4 to 7.6 (subscription provisions), 8 (User-Generated Content, licenses), 10 (forfeiture of reputation), 11 (Intellectual Property), 12 (App Store Terms), 15 (Disclaimers), 16 (Limitation of Liability), 17 (Arbitration and Class Action Waiver), 18 (Governing Law), 19 (Indemnification), and 22 (Miscellaneous).

21. Notices

We may provide notices to you by email, by SMS to your verified phone number, by in-app notification, or by posting on the Service. You may provide notices to us at admin@oilwatch.app or by mail to the address in Section 23.

22. Miscellaneous

Severability. If any provision of these Terms is found unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and OilWatch regarding the Service and supersede any prior agreements.

No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to any successor by operation of law or otherwise, including in connection with a merger, acquisition, or sale of assets.

No agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and OilWatch.

Headings. Section headings are for convenience only and do not affect interpretation.

23. Contact

OilWatch LLC
c/o Gil J Abadi
767 Broadway #1740
Manhattan, NY 10003
United States

Email: admin@oilwatch.app

Website: oilwatch.app