1. Acceptance of Terms
By downloading, installing, or using the Birln mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.
2. Description of Service
Birln is a social networking and nightlife discovery platform that enables users to:
- Discover and review nightlife venues
- Connect with other users through social features
- Check into venues and earn rewards (Birln Bux)
- Share experiences and photos
- Give and receive "Chili Peppers" as social recognition
- Message other users within the platform
2.1 Device storage and camera roll saving
As a convenience, the App may offer an optional setting that saves photos and videos you capture in the App (including stitched “sausage” videos) to your device’s photo library (“Camera Roll”). If you enable this setting and grant the required operating system permission, Birln will attempt to save your captured media to your device. You can disable this setting at any time in the App’s Settings.
If you do not grant permission (or if your device restricts access), auto-saving will not occur. Birln does not access your photo library unless you grant permission and take actions that require it (for example, selecting media from your library).
3. Eligibility
You must be at least 18 years old to use Birln. By using the App, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.
4. User Accounts
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
5. User Conduct
You agree not to use the App in any way that violates applicable laws or regulations, or that could harm, disable, or impair the App or interfere with any other party's use of the App.
6. Intellectual Property
The App and its content are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or distribute any content from the App without our prior written consent.
7. Payment Processing and Fees
7.1 Venue Payment Processing
- Payments for marketing campaigns (pay-per-check-in and extra bux) are processed through Stripe.
- Venues are charged the full marketing budget amount plus Stripe's standard processing fees (2.9% + $0.30 per transaction).
- Stripe processing fees are charged separately and in addition to the marketing budget amount. For example, if a venue sets a $100 marketing budget, they will be charged $100 plus Stripe's processing fee (approximately $3.20, for a total of $103.20).
- The marketing budget amount ($100 in the example above) is the amount available for redistribution to users and referral beneficiaries.
7.2 User Withdrawal Processing
- Withdrawals are processed through Stripe Connect.
- Fees may apply and will be disclosed before you confirm a withdrawal; any applicable fees are deducted from your withdrawal amount.
- Fee availability and amounts can vary based on payout method, geography, and provider support.
8. Limitation of Liability
To the maximum extent permitted by law, Phlout LLC (d/b/a Birln™) shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of the App.
9. Birln Bux, withdrawals, and rewards
8.1 Birln Bux
- Birln Bux are virtual units used within the App.
- Birln Bux may be earned through App activities and promotions, and may also be granted by Birln or venues in connection with rewards programs.
- Birln Bux are not legal tender, are not a bank account or stored value account, and are not transferable except as expressly allowed by Birln.
- Birln may modify, suspend, or discontinue Birln Bux and related features at any time, including changing how they are earned and redeemed.
8.2 Withdrawals (cash-out)
- If withdrawals are available to you, you may be able to redeem Birln Bux for cash through the App.
- Withdrawals may require identity/verification steps, eligibility requirements, and may be subject to minimum thresholds (for example: $100).
- Withdrawals are processed through Stripe Connect. Fees may apply and will be disclosed before you confirm a withdrawal; any applicable fees are deducted from your withdrawal amount.
- Withdrawals can be delayed, limited, reversed, or declined for compliance, fraud-prevention, operational, or legal reasons.
10. Referral program and loyalty eligibility
Birln may offer referral or revenue-sharing programs that allocate a portion of certain rewards or revenue streams to referrers, venues, or other beneficiaries. Eligibility can depend on activity and other criteria.
9.1 Activity-based eligibility
- Users: A referring user may be required to remain active (for example, by checking in at least once every 45 days) to remain eligible for referral rewards.
- Venues: A venue may be required to remain active on the venue-management side (for example, by using venue management at least once every 45 days) to remain eligible for referral rewards.
- Any activity thresholds, windows, or eligibility criteria may be changed by Birln from time to time.
- If a beneficiary becomes inactive, their portion of a split may be paused and reallocated to Birln’s remainder (or otherwise handled per the applicable split rules).
- Eligibility generally resumes when the beneficiary becomes active again, unless otherwise specified by Birln.
- In some cases, if a beneficiary is inactive for an extended period, Birln may permanently revoke eligibility for referral rewards (even if the beneficiary later becomes active again).
9.2 Program changes and abuse
- Birln may modify, suspend, or terminate referral programs and eligibility rules at any time.
- Birln may withhold, reverse, or adjust rewards in cases of suspected fraud, abuse, policy violations, or error correction.
11. Contact Information
If you have any questions about these Terms, please contact us at:
Phlout LLC (d/b/a Birln™)
331 2nd Ave S, Ste 400 PMB 3016
Minneapolis, MN 55401, USA
chris@birln.com
