JavaPass Terms of Service (End Users)

Last updated: May 24, 2025

These Terms of Service ("Terms") govern your access to and use of the JavaPass mobile application and related services (collectively, the "Service") provided by JavaPass LLC ("JavaPass," "we," "us," or "our"). By creating an account, redeeming benefits, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility & Account

  • You must be at least 18 years old and employed by a participating company (your "Employer") that has enrolled in a JavaPass plan.

  • You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

  • You may not share, transfer, or sublicense your account.

2. Subscription, Payment & Stripe Processing

  • Your Employer may subsidize part or all of your JavaPass subscription. Any employee‑paid portion is billed monthly in advance via the payment method you provide at checkout.

  • Payment processing is handled by Stripe, Inc. ("Stripe"). By subscribing you agree to be bound by Stripe’s Services Agreement and recognize Stripe as the merchant‑of‑record for such transactions.

  • Auto‑Renew Disclosure – READ CAREFULLY: YOUR SUBSCRIPTION AUTOMATICALLY RENEWS EACH MONTH AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN‑APPLICABLE FEE (PLUS TAX) UNTIL YOU CANCEL. You may cancel at any time in‑app; memberships remain active through the end of the current billing period and no refunds are issued for unused days or redemptions except where required by law.

  • Upgrades take effect immediately upon payment and you will be charged a prorated amount for the remainder of the current billing cycle. Downgrades take effect at the start of the next billing cycle.

  • Applicable sales taxes and fees will be added to the subscription price when required by law.

3. Redemption Rules

  • You may redeem one (1) eligible food or beverage item per calendar day at participating merchants, up to $7.00 retail value per redemption. JavaPass reserves the right to adjust this value cap with at least 15 days’ prior notice.

  • Redemption requires an in‑app check‑in at the merchant location. Merchants may verify the check‑in before fulfilling your order.

  • If you select an item over the value cap, you are responsible for paying the difference at the counter.

  • Benefits are personal and may not be gifted, transferred, or resold.

  • JavaPass encourages participating merchants to allocate a fixed portion of each JavaPass redemption to staff tips; no additional gratuity is required from you, but you may add more at your discretion.

4. Merchant Relationship & Quality

  • Merchants are independent contractors, not agents, employees, or partners of JavaPass. We do not control their menus, pricing, hours, food safety practices, or service quality.

  • Issues with product quality or service should be directed to the merchant. You may also report concerns to support@javapass.com.

5. Acceptable Use & Prohibited Conduct

You must use the Service honestly and for its intended purpose. The following conduct is strictly prohibited and will result in immediate suspension or termination of your account, forfeiture of any unused subscription fees, and may expose you to civil or criminal liability:

  1. Check‑in fraud — falsifying or manipulating the in‑app check‑in process, redeeming benefits you are not entitled to, or assisting anyone else in doing so.

  2. Account sharing — allowing any other person to access or redeem benefits through your account.

  3. Multiple accounts — creating or controlling more than one JavaPass user account.

  4. Abuse of merchants or staff — threatening, harassing, or otherwise disruptive behavior toward café workers, other customers, or JavaPass personnel.

  5. System interference — reverse‑engineering, decompiling, or otherwise attempting to interfere with or impair the Service’s security, integrity, or performance.

JavaPass reserves the right to recover any amounts obtained through fraud, report misconduct to your Employer, merchants, or law‑enforcement, and take any other action permitted by law.

6. Termination or Suspension

  • You may cancel your subscription at any time in‑app.

  • JavaPass may suspend or terminate your account, without notice, for fraud, abuse, violation of these Terms, non‑payment, or if your Employer’s participation ends.

  • Upon termination, Sections 7–16 of these Terms will survive.

7. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and share your information, including location data and usage statistics that may be provided to your Employer for billing and fraud‑monitoring purposes.

8. License & Intellectual Property

JavaPass grants you a limited, revocable, non‑exclusive, non‑transferable license to download and use the mobile application solely to access the Service for personal, non‑commercial purposes in accordance with these Terms. All rights not expressly granted are reserved by JavaPass. You may not copy, modify, distribute, sell, or lease any part of the Service or reverse‑engineer or attempt to extract the source code of the software, except as permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless JavaPass, its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to (i) your breach of these Terms, (ii) your misuse of the Service, or (iii) your violation of any law or the rights of a third party.

10. Disclaimers & Limitation of Liability

  • TO THE MAXIMUM EXTENT PERMITTED BY LAW, the Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non‑infringement.

  • JavaPass does not guarantee uninterrupted or error‑free operation or that the Service will meet your requirements.

  • Limitation of Liability. To the fullest extent permitted by law, JavaPass’s total liability for direct damages arising out of or related to the Service will not exceed the greater of (i) $100 or (ii) the amounts you paid (if any) for the Service in the six (6) months preceding the claim.

  • JavaPass will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.

  • Some jurisdictions do not allow certain limitations, so the above may not apply to you.

11. Governing Law & Dispute Resolution

  • These Terms are governed by the laws of the State of New York, without regard to its conflict‑of‑law principles.

  • Informal Resolution. Before filing a claim, each party agrees to try to resolve the dispute informally by emailing the other party a written notice of the dispute.

  • Arbitration Agreement & Class Action Waiver. Except for individual claims in small‑claims court, any dispute that cannot be resolved informally will be settled by binding arbitration administered by the **American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration will take place in New York County, NY or by videoconference if agreed. YOU AND JAVAPASS 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.

  • Opt‑Out. You may opt out of arbitration by sending written notice to support@javapass.com within 30 days of creating your account. If you opt out, you agree to litigate exclusively in the state or federal courts located in New York County, NY, and waive any objection to personal jurisdiction.

  • Cost Allocation. For non‑frivolous claims seeking $10,000 or less in damages, JavaPass will pay all AAA filing and arbitrator fees for the first arbitration you initiate in any twelve (12)‑month period. For any additional arbitrations you file within the same twelve‑month period, fees will be allocated in accordance with the AAA Consumer Arbitration Rules.

12. Force Majeure

JavaPass will not be liable for any failure or delay in performance resulting from events beyond its reasonable control, including acts of God, pandemic, war, labor disputes, supply‑chain disruptions, or internet failures.

13. Changes to Terms

We may modify these Terms from time to time. Material changes will be communicated in‑app or emailed to you at least 15 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance.

14. Electronic Communications & Notices

You consent to receive all communications from JavaPass electronically (e.g., via email, in‑app notifications, or posting within the Service) and agree that such communications satisfy any legal requirement that they be in writing.

15. Entire Agreement; Assignment; Waiver; Severability; Survival

These Terms constitute the entire agreement between you and JavaPass regarding the Service and supersede any prior agreements. You may not assign or transfer your rights or obligations under these Terms; JavaPass may do so freely. JavaPass’s failure to enforce any provision will not be deemed a waiver. If any provision is held unenforceable, the remaining provisions will remain in effect. Sections intended to survive termination (including but not limited to §§ 5, 6, 7–12, and 15) will do so.

16. Contact

Questions or concerns? Email support@javapass.com or write to: JavaPass LLC, 418 Broadway, STE N, Albany, NY 12207, USA.

By using JavaPass you acknowledge that you have read, understood, and agree to these Terms.