Been There, 8 That

Terms of Use

Been There, 8 That | Effective Date: June 2, 2026

Acceptance of These Terms

By creating an account or using Been There, 8 That, you agree to these Terms of Use and the Privacy Policy. If you do not agree, do not use the app.

Eligibility and Age Requirement

You must be at least 13 years old to use the app. If you are between 13 and 18 years old, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. By using the app, you represent that you meet these age requirements.

What the App Does

Been There, 8 That helps you save meal reviews, restaurant details, ratings, notes, photos, favorites, taste preferences, and travel food lists. The app is for personal food journaling and discovery.

Accounts

You need an account to save meals, sync your profile, use paid features, or restore purchases. You are responsible for keeping your login information secure and for all activity that occurs under your account. If you believe your account has been compromised, contact us at smileydesign@outlook.com promptly.

User Content

You keep ownership of the meal reviews, notes, ratings, photos, and other content you add to the app. By adding content, you grant Been There, 8 That a limited, non-exclusive, royalty-free license to store, process, display, and sync that content solely to provide and improve the app's features. This license ends when you delete the content or your account, subject to reasonable technical delays and legal retention requirements.

You represent that you have the rights necessary to grant this license and that your content does not violate any law or third-party rights.

Prohibited Conduct

You agree not to:

• Use the app for any unlawful purpose or in violation of these Terms.
• Impersonate any person or entity or misrepresent your affiliation.
• Upload or share defamatory, harassing, obscene, infringing, or privacy-violating content.
• Attempt to gain unauthorized access to the app, systems, or other users' accounts.
• Reverse engineer, decompile, disassemble, or attempt to derive the app source code.
• Scrape, crawl, or use automated means to access or collect app data.
• Interfere with or disrupt app performance or infrastructure.
• Use the app to transmit spam, malware, or harmful content.
• Circumvent technical measures used to enforce these Terms.

We reserve the right to investigate and take appropriate action against violations, including suspending or terminating accounts.

Intellectual Property

The app, including its name, logo, design, code, features, and content created by Been There, 8 That, is owned by Smiley Design and protected by applicable intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, trade names, logos, or other proprietary materials without our prior written consent.

Your feedback, suggestions, or ideas submitted to us may be used by us without restriction or compensation to you.

Sharing

The app may let you share meal reviews or review cards through your device share sheet. You are responsible for anything you choose to share. Once you share content outside the app, that content may be handled by the third-party service you selected under its own terms and policies.

Plus Subscription

Plus features are described in the app at the time of purchase. We may update the features included in Plus from time to time; current feature availability is always shown in the app.

Pricing, billing period, renewal terms, and available trials or offers are shown before purchase. Purchases must use the official Apple App Store or Google Play billing flow when available.

Subscriptions renew automatically unless canceled through your Apple App Store or Google Play account before the renewal date. Deleting your account or uninstalling the app does not automatically cancel an active subscription.

Restaurant Information

Restaurant search results, locations, hours, ratings, and other place details may come from third-party providers such as Google Places. This information may be incomplete, outdated, or unavailable. Always confirm important restaurant details directly with the restaurant.

Account Deletion and Termination

By you: If you create an account, you may request deletion from inside the app. Account deletion is intended to remove or de-identify account information and saved app content, subject to legal, security, fraud-prevention, and backup retention requirements. For help with deletion, contact smileydesign@outlook.com.

By us: We may suspend or terminate your account or access to the app at any time, with or without notice, if we believe you have violated these Terms, if required by law, or to protect the safety or integrity of the app or other users.

Upon termination, your right to use the app ceases. Provisions that by their nature should survive termination will do so.

Disclaimers

The app is provided "as is" and "as available." To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not promise that the app will be uninterrupted, error-free, or secure, or that all restaurant data will be accurate.

The app is not intended to provide medical, dietary, allergy, nutrition, or professional advice of any kind.

Limitation of Liability

To the fullest extent allowed by applicable law, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost data, lost profits, or loss of goodwill arising from your use of or inability to use the app.

Our total liability to you for any claim arising from these Terms or your use of the app will not exceed the greater of the amount you paid us in the twelve months before the claim arose or USD $50.

Governing Law and Dispute Resolution

These Terms are governed by the laws of Colorado, without regard to conflict of law principles. Before initiating any formal dispute, you agree to contact us at smileydesign@outlook.com and give us 30 days to attempt to resolve the issue informally.

If informal resolution fails, any dispute arising from or relating to these Terms or the app will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable rules, except as noted in the full Terms.

Changes to These Terms

We may update these Terms from time to time. If changes are material, we will provide notice as required by law or platform rules. Continued use of the app after changes take effect means you accept the updated Terms.

Contact

Questions about these Terms can be sent to smileydesign@outlook.com.

Privacy Policy

Been There, 8 That | Effective Date: June 2, 2026

Overview

This Privacy Policy explains how Been There, 8 That collects, uses, shares, and protects information when you use the app.

Information You Provide

We may collect:

• Account information such as display name, email address, account identifiers, and device session information.
• Meal journal content such as restaurant names, dishes, reviews, notes, ratings, prices, visit dates, favorites, cuisine preferences, dietary notes, travel locations, and uploaded meal photos.
• Subscription-related information such as plan status and purchase restoration status when store billing is connected.

Information Collected Automatically

We may collect device and app activity information needed to keep you signed in, sync data, prevent abuse, troubleshoot issues, and enforce device limits.

With your permission, we may collect location information so the app can search for restaurants near you. You can deny or change location permission in your device settings.

How We Use Information

• Create and manage accounts.
• Save and organize meal reviews.
• Search for nearby restaurants.
• Provide subscription features and restore eligible purchases.
• Support account deletion.
• Improve security, troubleshoot issues, and prevent fraud.
• Comply with platform rules or applicable law.

Legal Bases for Processing

Where the GDPR or equivalent law applies, we process personal data based on contractual necessity, legitimate interests, consent, and legal obligation.

We do not intentionally collect special category data such as health, biometric, or religious data. Dietary notes are provided voluntarily and are not used to infer health conditions.

Third-Party Services

• Supabase — authentication, database storage, and account/profile syncing.
• Google Places — restaurant search, place details, and location-based results.
• Apple App Store and Google Play — subscription purchases, renewals, cancellations, and purchase restoration.
• Your device share sheet — when you share a review card, the selected third-party app handles that content under its own policies.

International Data Transfers

We and our service providers may transfer personal data outside the EEA, United Kingdom, or Switzerland, including to the United States. Where required, we use appropriate safeguards such as Standard Contractual Clauses, adequacy decisions, or other recognized transfer mechanisms.

How Information Is Shared

We do not sell your personal information. We may share information with service providers that help operate the app, such as authentication, database, place search, billing, and platform services. These providers are permitted to use your data only as necessary to perform services for us.

Meal reviews are private by default unless you choose to share them.

Data Retention

Account Deletion

You can request account deletion from inside the app if you created an account. You can also contact smileydesign@outlook.com for deletion help. If you have an active subscription, cancel it through Apple App Store or Google Play because deleting your app account does not automatically cancel platform billing.

Your Choices

• Edit profile preferences in the app.
• Control location and photo permissions in your device settings.
• Choose whether to share meal review cards outside the app.
• Cancel subscriptions through your Apple App Store or Google Play account settings.

U.S. Resident Privacy Rights

Depending on where you live in the United States, you may have rights to request access, correction, deletion, a portable copy of certain information, and appeal of a denied privacy request. Some U.S. state laws may also provide rights to opt out of sale, sharing, targeted advertising, profiling, and certain sensitive data uses.

We do not sell personal information. To exercise U.S. privacy rights, contact smileydesign@outlook.com.

European Privacy Rights

If you are in the European Economic Area, United Kingdom, or Switzerland, you may have rights under the GDPR or equivalent law, including the right of access, rectification, erasure, restriction of processing, data portability, objection, withdrawal of consent, and the right to lodge a complaint with a supervisory authority.

For the purposes of applicable data protection law, Smiley Design at 1104 W 125th Dr, Westminster, CO, 80234 is the data controller responsible for your personal data.

To exercise these rights, contact smileydesign@outlook.com.

Quebec Privacy Rights

If you are a Quebec resident, you may have rights under Quebec privacy law, including the right to be informed, access your personal information, request correction, withdraw consent, request de-indexing or re-indexing in certain circumstances, and receive computerized personal information in a structured, commonly used technological format where required by law.

Security

We use reasonable administrative, technical, and organizational safeguards designed to protect information. No method of transmission or storage is completely secure.

Children

The app is not intended for children under 13, and we do not knowingly collect personal information from children under 13. If you believe a child provided personal information, contact us so we can take appropriate action.

Changes to This Policy

We may update this Privacy Policy from time to time. If changes are material, we will provide notice as required by law or platform rules. The effective date at the top of this policy indicates when it was last revised.

Contact

Questions about this Privacy Policy or requests to exercise your privacy rights can be sent to smileydesign@outlook.com.