End User License Agreement & Terms of Service

End User License Agreement & Terms of Service

End User License Agreement & Terms of Service

Last updated on 23 April 2024

Last updated on 23 April 2024

This End User License Agreement and Terms of Service ("Agreement" or "Terms") is a legal agreement between you and IT PATH LLC ("Company", "we", "us", "our") governing your use of the Checkmate application (the "App") and related services.

Last updated: February 6, 2026

1. Acceptance of Terms

By downloading, installing, accessing, or using Checkmate, you agree to be bound by this Agreement. If you do not agree to all the terms and conditions of this Agreement, you may not access or use the App. Your use of the App constitutes acceptance of this Agreement.

2. License Grant

Subject to your compliance with this Agreement, IT PATH LLC grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App for your personal, non-commercial purposes strictly in accordance with this Agreement and any applicable App Store terms.

This license does not allow you to use the App on any device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time.

3. License Restrictions

You shall not:

  • Copy, modify, or create derivative works of the App or any part thereof

  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App

  • Distribute, sublicense, lease, rent, loan, or otherwise transfer the App to any third party

  • Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on the App

  • Use the App for any commercial purpose or for the benefit of any third party

  • Use the App in any manner that violates any applicable law or regulation

  • Circumvent, disable, or interfere with security-related features of the App

4. Eligibility & Age Requirements

You must be at least 13 years old (or the minimum age required in your jurisdiction, whichever is greater) to use the App. If you are under 18, you represent that you have your parent or legal guardian's permission to use the App.

By using the App, you represent and warrant that you have the legal capacity to enter into this Agreement. If you are using the App on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

5. Accounts & Authentication

To use certain features, you may need to create an account. You agree to provide accurate, current, and complete information during registration and keep your account credentials secure. You are responsible for all activities that occur under your account.

We support login using email/password and social login providers (Google, Apple, Facebook). Authentication and related services may be provided through Firebase. You are solely responsible for maintaining the confidentiality of your account and password.

6. Description of Service

Checkmate helps groups estimate and split restaurant bills and can make splitting fun with game modes. The App may also offer receipt scanning/upload features to assist with itemization.

Important Disclaimer: Checkmate does not guarantee accuracy of guesses, receipt parsing, totals, taxes, tips, discounts, or item detection. You are solely responsible for verifying the final amounts before making any payments. The App is provided as a convenience tool only.

The App is not a payment processor and does not collect or transmit funds unless explicitly stated in a future feature update. We reserve the right to modify, suspend, or discontinue any part of the App at any time.

7. In-App Purchases & Subscriptions

The App may offer in-app purchases and subscription services. All purchases are processed through the App Store from which you downloaded the App (Apple App Store, Google Play Store, etc.).

Subscription Terms

Auto-Renewal: Both our Monthly and Yearly subscription plans are auto-renewable. This means your subscription will automatically renew at the end of each billing period (monthly or yearly) and your payment method will be charged unless you cancel your subscription before the renewal date.

Your account will be charged for renewal within 24 hours prior to the end of the current subscription period. To avoid being charged for the next billing cycle, you must cancel your subscription at least 24 hours before the end of the current period.

You may manage your subscriptions and turn off auto-renewal by going to your Account Settings in the respective App Store after purchase. Subscriptions cannot be cancelled during the active subscription period, but cancellation will prevent future automatic renewals.

Refunds

All purchases are final. Refunds are handled according to the policies of the App Store through which you made the purchase. Please contact Apple or Google directly for refund requests.

Prices are subject to change at any time. We will provide notice of price changes for subscriptions. Your continued use after a price change constitutes your agreement to pay the modified price.

8. Intellectual Property Rights

The App and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by IT PATH LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The Checkmate name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of IT PATH LLC or its affiliates or licensors. You must not use such marks without our prior written permission.

9. User Conduct

You agree to use the App only for lawful purposes and in accordance with this Agreement. You agree not to:

  • Use the App in any way that violates any applicable federal, state, local, or international law or regulation

  • Harass, abuse, threaten, or intimidate any other user of the App

  • Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity

  • Upload or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable

  • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the App

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, servers, or networks connected to the App

  • Use any robot, spider, or other automatic device, process, or means to access the App for any purpose

  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful

10. User Content & License to Use

You may submit content such as names, messages, and receipt images ("User Content"). You retain all ownership rights to your User Content. However, by submitting User Content to the App, you grant IT PATH LLC a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that User Content solely in connection with operating and providing the App's services (for example, to parse a receipt and show items for splitting).

You represent and warrant that: (i) you own or control all rights to your User Content; (ii) your User Content does not violate the privacy rights, publicity rights, copyrights, or other rights of any person; and (iii) your User Content does not contain sensitive personal or financial information that you do not want to share with your group or processed by our services.

11. Apple App Store Requirements

If you are using the App on an iOS device, the following additional terms apply:

  • This Agreement is between you and IT PATH LLC only, not with Apple Inc. ("Apple"), and Apple is not responsible for the App or its content.

  • Apple has no obligation to furnish maintenance and support services with respect to 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 you. To the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the App.

  • Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

  • In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, IT PATH LLC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

  • Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

  • You represent and warrant that: (i) you are not located in a country 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

You must comply with applicable third-party terms of agreement when using the App (e.g., your wireless data service agreement).

12. Export Control

You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. You represent and warrant that you are not located in any 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.

13. Reporting, Enforcement, and Account Removal

Any account can be reported via our Contact Us page or by emailing contact@dinecheckmate.com.

We may investigate and take action, including suspending or removing accounts, especially for safety, abuse, fraud, or violations of this Agreement. When required, we will act promptly, including removing accounts where appropriate. We reserve the right to terminate or suspend access immediately, without prior notice or liability, for any reason, including breach of this Agreement.

14. Termination

You may stop using the App at any time by deleting it from your device. Upon termination, your right to use the App will immediately cease. We may suspend, terminate, or restrict your access to the App or your account at any time, with or without notice, for any reason, including if we believe you have violated this Agreement or for any conduct that we believe is harmful to other users, us, or third parties, or for any other reason in our sole discretion.

All provisions of this Agreement which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Disclaimers & Warranties

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IT PATH LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED 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: (i) the App will function uninterrupted, secure, or error-free; (ii) defects will be corrected; (iii) the App or servers are free of viruses or other harmful components; or (iv) results from use of the App will be accurate or reliable, including receipt scanning, bill calculations, or any other features.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IT PATH LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP; (iii) ANY CONTENT OBTAINED FROM THE APP; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE APP EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID US IN THE PAST TWELVE MONTHS FOR USE OF THE APP.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

17. Indemnification

You agree to defend, indemnify, and hold harmless IT PATH LLC and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the App, including but not limited to your User Content, any use of the App's content, services, and products other than as expressly authorized in this Agreement.

18. Governing Law & Dispute Resolution

This Agreement and any dispute or claim arising out of or related to it shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of or related to this Agreement or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At our sole discretion, we may require you to submit any disputes arising from this Agreement or use of the App, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association.

Class Action Waiver

YOU AND IT PATH LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

19. Severability & Waiver

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter.

20. Entire Agreement

This Agreement, together with our Privacy Policy and any other legal notices published by us on the App, constitutes the sole and entire agreement between you and IT PATH LLC regarding the App and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.

21. Changes to This Agreement

We reserve the right to modify this Agreement at any time. We will notify you of any changes by updating the "Last updated" date at the top of this Agreement. You are advised to review this Agreement periodically for any changes. Changes to this Agreement are effective when they are posted on this page. Your continued use of the App following the posting of revised Agreement means that you accept and agree to the changes.

22. Contact Information

If you have any questions about this Agreement, please contact us at:


IT PATH LLC

Email: contact@dinecheckmate.com

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