Terms of Service

These Terms of Service ("Terms") govern your access to and use of Birln's services, including our mobile application, website, and related services (collectively, the "Service"). The Service is operated by Phlout LLC ("Birln," "we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your information to keep it accurate and current
• Maintain the security of your account credentials
• Not share your account with others
• Notify us immediately of any unauthorized use of your account

One Account Per Person

You may only create one account. Creating multiple accounts, fake accounts, or accounts for others is prohibited and may result in termination of all accounts.

When using Birln, you agree to comply with all applicable laws and regulations. You also agree NOT to:

Prohibited Conduct

• Harassment: Harass, threaten, intimidate, or abuse any person
• Hate Speech: Post content that promotes violence, discrimination, or hatred based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
• Illegal Activity: Use the Service for any illegal purpose or to solicit illegal activity
• False Information: Provide false, misleading, or deceptive information
• Impersonation: Impersonate any person or entity, or falsely represent your affiliation with any person or entity
• Spam: Send spam, unsolicited messages, or engage in any form of unauthorized advertising
• System Interference: Interfere with or disrupt the Service or servers/networks connected to the Service
• Data Mining: Use any automated means (bots, scrapers, etc.) to access or collect data from the Service
• Security Violations: Attempt to gain unauthorized access to any portion of the Service, other accounts, or systems
• Reverse Engineering: Reverse engineer, decompile, or attempt to extract source code from the Service

Responsible Alcohol-Related Content

While Birln facilitates discovery of nightlife venues, we expect responsible behavior:

• Do not promote excessive or dangerous alcohol consumption
• Do not encourage underage drinking
• Do not post content glorifying drunk driving or dangerous behavior
• Respect venue policies and local laws regarding alcohol service

Earning Program Abuse

If you participate in Birln's earning program, you agree not to:

• Create fake check-ins or manipulate location data
• Use multiple accounts to earn rewards
• Refer fake users or engage in referral fraud
• Manipulate the system to inflate earnings

Violation of earning program rules may result in forfeiture of all earnings and permanent account termination.

Your Content

You may post content on Birln, including reviews, photos, check-ins, and other user-generated content ("User Content"). By posting User Content, you:

• Grant Birln a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, publish, and distribute your User Content in connection with the Service
• Represent that you own or have necessary rights to post the User Content
• Represent that your User Content does not violate these Terms or any applicable laws
• Acknowledge that User Content may be visible to other users and the public

Prohibited Content

You may not post User Content that:

• Contains nudity, pornography, or sexually explicit material
• Depicts violence, gore, or graphic injury
• Promotes self-harm, suicide, or eating disorders
• Contains hate speech, threats, or harassment
• Infringes on intellectual property rights of others
• Contains malware, viruses, or malicious code
• Violates the privacy rights of others
• Is false, misleading, or deceptive

Device Storage and Camera Roll

The App may offer an optional setting to save photos and videos you capture (including stitched videos) to your device's photo library. If you enable this feature and grant the required permissions:

• Birln will save your captured media to your device
• You can disable this setting anytime in the App's Settings
• If you don't grant permission, auto-saving will not occur
• Birln does not access your photo library without permission

Content Moderation

We use automated systems and human review to detect and address harmful content. By using the Service, you consent to:

• Automated scanning: Photos (posts, profile pictures, venue photos) and messages (text and images) may be analyzed by AI and other tools to detect inappropriate or illegal content
• Private message moderation: Direct and ephemeral messages are subject to the same safety checks. We scan for illegal content (including child sexual abuse material), grooming, harassment, and other violations before delivery
• Legal reporting: We are required by law to report suspected child sexual abuse material (CSAM) to authorities such as the National Center for Missing & Exploited Children (NCMEC). We will comply with all applicable reporting obligations

We reserve the right to:

• Remove any User Content that violates these Terms
• Block delivery of messages that violate our policies
• Monitor and moderate User Content (including private messages)
• Suspend or terminate accounts that repeatedly violate our content policies
• Cooperate with law enforcement regarding illegal content

Note: We are not obligated to monitor all User Content, and the presence of content on the Service does not indicate our approval or endorsement.

Check-Ins and Location Services

Birln uses location services to provide check-in features and venue discovery. By using these features:

• You consent to collection and use of your location data as described in our Privacy Policy
• You agree not to falsify your location or manipulate check-ins
• You acknowledge that check-ins may be visible to other users

Pre-Orders and Payments

If you use Birln to order items from venues:

• Orders are subject to venue acceptance and availability
• Prices and menu items are set by venues, not Birln
• Payment is processed through secure third-party payment processors (Stripe)
• Refund policies are determined by individual venues
• You must be of legal age to purchase alcohol in your jurisdiction

Venue Information

Venue information (hours, addresses, menus, etc.) is provided by venues or third-party sources. We strive for accuracy but:

• Cannot guarantee all information is current or accurate
• Are not responsible for changes made by venues
• Recommend confirming details directly with venues for critical information

Birln Bux

• Birln Bux are virtual units used within the Service with no guaranteed monetary value
• Birln Bux are not legal tender, not a bank account, and not a stored value account
• May be earned through Service activities, promotions, and rewards programs
• May be used for in-app features, perks, boosts, and items at participating venues
• Are not transferable except as expressly allowed by Birln
• May be modified, suspended, or discontinued at any time

Earning Terms

Birln offers a rewards program where users can earn Birln Bux by checking in at venues, referring friends, and bringing venues to the platform.

• Bux balances are tracked in your Birln account
• Bux balances are subject to verification and fraud prevention checks
• We reserve the right to adjust, suspend, or modify the rewards program at any time
• Fraudulent activity will result in forfeiture of all accumulated Bux and account termination

Withdrawal Eligibility

• Standard Birln Social users are not eligible for withdrawal
• Withdrawal functionality is available only to approved members of Birln Agency (agency.birln.com), a separate professional tier
• Birln Agency approval is discretionary and requires application, identity verification (KYC), and review
• Withdrawal eligibility may be modified, suspended, or revoked at any time at Birln's sole discretion
• Redemption value, if available to eligible Agency members, is determined at the time of withdrawal
• Birln may modify or discontinue withdrawal functionality at any time without prior notice
• Approved Agency members are subject to minimum withdrawal thresholds, processing windows, and ongoing compliance review

Payment Processing and Fees

Venue Marketing Payments:

• Payments for marketing campaigns are processed through Stripe
• Venues are charged the marketing budget amount plus applicable processing fees
• The marketing budget amount is available for redistribution to users and referral beneficiaries

Tax Responsibility

If you receive any monetary value through Birln (including through Birln Agency), you are solely responsible for reporting and paying any applicable taxes. We may issue tax forms (such as 1099 forms for U.S. users) as required by law.

Birln offers optional in-app purchases and subscription plans that provide enhanced features, virtual products, and premium access. All purchases are processed through the Apple App Store or Google Play Store and are subject to their respective terms and refund policies.

Definitions of Virtual Products

The following virtual products are available within the Service. These products are represented by icons throughout the app interface:

• Discovery Credits (represented by a purple telescope coin icon) — Virtual currency used to revive and enrich venue information in the Spots area. Venue photos, hours, and details become stale over time; Discovery Credits fund the retrieval of fresh data from our partner sources to keep venue listings accurate and up-to-date. Credits may also be consumed when adding new venues from partner sources via the search bar. Browsing, filtering, and searching your existing venue feed is always free. Discovery Credits are available as one-time purchase packs or included with subscription plans.
• Chilies (represented by a red chili pepper icon) — Virtual tokens used to express appreciation for other users in the People area. When two users mutually exchange Chilies, they unlock the ability to message each other. Chilies are available as one-time purchase packs or included with subscription plans as a daily allowance.
• Favorites (represented by a gold star icon) — Allow you to save venues for quick access. The number of daily Favorites varies by subscription tier.
• Sausage Videos (represented by a sausage ring icon) — Short-form video recordings within the app. The maximum recording duration varies by subscription tier (6 seconds for Free, 7 seconds for Premium, 8 seconds for Pro).
• Search Radius (represented by a radar icon) — The geographic distance within which venue discovery searches operate. The maximum search radius varies by subscription tier.

Subscription Plans

Birln offers Premium and Pro subscription tiers, available in weekly, monthly, and yearly billing periods. Subscriptions include:

• Monthly Discovery Credit allocations
• Increased daily Chilies allowance
• Extended Sausage Video recording duration
• Expanded search radius
• Increased daily Favorites limit

Subscriptions auto-renew unless cancelled at least 24 hours before the end of the current billing period. You can manage or cancel your subscription through your device's app store settings.

One-Time Purchases

Discovery Credit packs and Chili packs are available as one-time (non-recurring) purchases. Purchased credits and Chilies do not expire. Prices are displayed in your local currency within the app and may vary by region.

Free Tier

Free users receive a limited allocation of Discovery Credits during onboarding and a daily drip of credits thereafter. Free tier features include a basic search radius, limited daily Chilies, limited daily Favorites, and a 6-second Sausage Video recording limit.

General Terms

• All virtual products are non-transferable and may only be used within the Service
• Virtual products have no monetary value outside the Service and cannot be exchanged for cash
• Prices, product availability, and subscription benefits may change at any time with reasonable notice
• Refunds are handled by the Apple App Store or Google Play Store per their respective policies
• We reserve the right to modify, suspend, or discontinue any virtual product at any time

Birln may offer referral or rewards programs that allocate a portion of certain Bux distributions to referrers, venues, or other beneficiaries. Eligibility depends on activity and other criteria.

Activity-Based Eligibility

• Users: May be required to remain active (e.g., checking in at least once every 45 days) to remain eligible for referral rewards
• Venues: May be required to remain active on the venue-management side (e.g., using venue tools at least once every 45 days) to remain eligible
• Promoters and Agency applicants: Must maintain consistent verified activity for at least 90 days before applying to Birln Agency
• Sub-referrals do not count toward promoter qualification thresholds
• Meeting eligibility thresholds qualifies a user to apply to Birln Agency; approval is not automatic and is at Birln's sole discretion
• Activity thresholds, windows, or eligibility criteria may be changed by Birln at any time
• If a beneficiary becomes inactive, their portion may be paused and reallocated
• Eligibility generally resumes when the beneficiary becomes active again, unless otherwise specified
• Extended inactivity may result in permanent revocation of referral reward eligibility

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

You agree to indemnify, defend, and hold harmless Birln (including Phlout LLC, its officers, directors, employees, and agents) from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Content
• Your interactions with venues or other users

The Service, including its design, features, graphics, text, images, logos, and other content (excluding User Content), is owned by Birln and protected by copyright, trademark, and other intellectual property laws.

The Birln name, logo, and all related names, logos, and trademarks are trademarks of Phlout LLC. You may not use our trademarks without prior written permission.

You are granted a limited, non-exclusive, non-transferable license to access and use the Service for personal, non-commercial purposes. This license does not include:

• Resale or commercial use of the Service
• Collection or use of product listings, descriptions, or prices
• Derivative use of the Service or its contents
• Downloading or copying of account information for the benefit of another party

By You

You may terminate your account at any time by contacting us through our contact form or using the account deletion feature in the app.

By Us

We may suspend or terminate your account and access to the Service at any time, with or without notice, for:

• Violation of these Terms
• Fraudulent activity or abuse of the earning program
• Behavior that harms other users, venues, or Birln
• Extended inactivity
• Legal or regulatory requirements
• Any other reason at our sole discretion

Effect of Termination

Upon termination:

• Your right to access and use the Service immediately ceases
• Your User Content may be deleted (though some may remain cached or archived)
• Unpaid earnings below the minimum withdrawal threshold may be forfeited
• Sections of these Terms that by their nature should survive termination will remain in effect

Informal Resolution

Before filing a claim, you agree to contact us and attempt to resolve the dispute informally. Contact us at: Birln Contact Form

Binding Arbitration

If we cannot resolve a dispute informally, any dispute arising from or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except as modified by these Terms.

• Arbitration will be conducted in Minneapolis, Minnesota (or your location if required by law)
• The arbitration will be conducted by a single arbitrator
• The arbitrator's decision is final and binding
• You waive your right to a jury trial
• You waive your right to participate in a class action lawsuit or class-wide arbitration

Exceptions

Either party may seek injunctive relief in court for disputes related to intellectual property or confidential information.

Governing Law

These Terms are governed by the laws of the State of Minnesota, USA, without regard to conflict of law principles.

We may modify these Terms at any time. When we make changes:

• We will update the "Last Updated" date at the top of this page
• We may notify you via email or in-app notification for material changes
• Your continued use of the Service after changes constitutes acceptance

If you do not agree to the modified Terms, you must stop using the Service and may terminate your account.

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Service, constitute the entire agreement between you and Birln.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

Force Majeure

We are not liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, war, terrorism, riots, pandemic, or Internet failures.

No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.