Terms of Service

1. Agreement to these Terms

These Terms of Service (“Terms”) are a binding agreement between you and Funktastic Labs LLC, an Arizona limited liability company that operates the Coqui service (“Coqui,” “we,” “us,” or “our”). By applying for, creating, or using a Coqui account; scanning or entering a Coqui QR room; or otherwise using a Coqui website, mobile experience, venue portal, or related service (collectively, the “Service”), you agree to these Terms and our Privacy Policy. If you use the Service for a business or organization, you represent that you are authorized to bind it, and “you” includes that business or organization.

If you do not agree, do not use the Service.

2. What Coqui provides

Coqui helps approved real-world venues operate location-aware rooms that guests can enter through a QR scan and proximity check. Depending on the venue and current product availability, the Service may include temporary room names, live chat, pinned host updates, events, offers, surveys, ratings, QR-space controls, and venue analytics.

Coqui is not an emergency service, security service, dating service, payment processor, or substitute for venue staff. Do not use Coqui to request emergency assistance. Call the appropriate emergency service or contact on-site staff.

3. Eligibility and authority

• Venue account owners and administrators must be at least 18 years old and authorized to act for the venue.
• The Service is not directed to children under 13, and children under 13 may not use it.
• Users ages 13 through 17 may use general venue features only with permission from a parent or legal guardian and subject to the venue's rules.
• Single or mingle features are strictly limited to users age 18 or older.
• Venues remain responsible for enforcing admission, age, alcohol, accessibility, and safety rules at their physical locations.

4. Accounts and account security

You must provide accurate, current information and keep account contact details up to date. You are responsible for protecting your credentials and for activity under your account. Notify us promptly if you suspect unauthorized access. You may not share an administrative account outside your authorized team, impersonate another person or business, or access another venue's data.

Email verification, business review, billing readiness, and location verification may be required before some venue features or QR rooms become active.

5. QR rooms, location checks, and venue responsibilities

QR codes are assigned to approved spaces and may be refreshed, paused, or retired. Guests may be asked for device location so Coqui can determine whether they are within the room's configured boundary. You may not copy a QR code to an unapproved location, defeat or spoof a proximity check, manipulate engagement data, or use the Service to monitor people unlawfully.

Venue operators are responsible for room names, locations, radius settings, host messages, events, offers, surveys, staff access, and all venue-supplied information. Venue content must be accurate, lawful, and not misleading. Coqui may correct, suspend, or remove a room when information is unsafe, inaccurate, fraudulent, or inconsistent with these Terms.

6. Guest names, messages, and other content

You retain ownership of content you submit. You grant Coqui a non-exclusive, worldwide, royalty-free license to host, reproduce, display, transmit, moderate, and process that content only as needed to operate, secure, support, and improve the Service and comply with law. This license ends when the content is deleted from our systems, except for reasonable backups, audit records, legal holds, and information we must retain for security or compliance.

You may not submit or facilitate:

• harassment, threats, stalking, hate, sexual exploitation, or non-consensual sexual content;
• content that exposes another person's private information or precise location without permission;
• fraud, scams, unlawful promotions, counterfeit offers, or deceptive endorsements;
• spam, malware, automated scraping, denial-of-service activity, or attempts to bypass security or rate limits;
• illegal content, infringement, or instructions that create a serious risk of harm; or
• use of temporary names to impersonate staff, another guest, or a protected brand.

7. Moderation and room controls

Coqui and authorized venue operators may use automated and human review, message limits, reports, mutes, room pauses, chat clearing, access restrictions, and content removal. We are not required to pre-screen every message and cannot guarantee that all objectionable content will be detected. Report urgent on-site concerns to venue staff and emergencies to emergency services.

8. Events, offers, surveys, and feedback

Events, offers, rewards, and surveys are created by the identified venue unless we say otherwise. That venue is responsible for availability, eligibility, expiration, fulfillment, taxes, and legally required disclosures. Guest interest counts are not reservations or attendance guarantees. Survey rewards must be based on completion, not on giving a favorable answer. Feedback must reflect a genuine experience and may be limited by location, device, survey, or time period to prevent abuse.

9. Venue plans, billing, and cancellation

Current plan pricing and included features are shown before purchase. Paid plans renew for the billing interval disclosed at checkout until canceled. Stripe handles payment methods and supported billing controls; Stripe's terms also apply to its services. Unless the checkout terms or applicable law say otherwise, cancellation takes effect at the end of the current paid period and fees already charged are not refundable. We may suspend paid features for failed payment, fraud, chargeback, or material breach. Complimentary or pilot access may have separate limits and may end on notice.

10. Coqui property and acceptable access

Coqui and its licensors own the Service, software, designs, brands, logos, and documentation, excluding user content. We give you a limited, revocable, non-transferable right to use the Service as intended. You may not reverse engineer, resell, copy, frame, or commercially exploit the Service except as permitted by law or a written agreement with Coqui.

11. Third-party services and links

The Service may use or link to third-party services, including Stripe for billing, Resend for transactional email, hosting providers, mapping/geocoding services, and venue-provided websites. Their terms and privacy practices govern their services. Coqui is not responsible for third-party sites, venue fulfillment, or content outside the Service.

12. Suspension and termination

You may stop using the Service at any time. We may restrict or terminate access when reasonably necessary to protect guests, venues, Coqui, or the public; investigate fraud or abuse; comply with law; address nonpayment; or enforce these Terms. Where practical, we will provide notice and an opportunity to correct a curable issue. Provisions that by their nature should survive termination will survive, including ownership, accrued payment obligations, disclaimers, liability limits, and dispute terms.

13. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” COQUI DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. WE DO NOT GUARANTEE UNINTERRUPTED AVAILABILITY, ACCURATE GPS RESULTS, EVENT ATTENDANCE, OFFER FULFILLMENT, OR THE CONDUCT OR IDENTITY OF ANY GUEST, VENUE, OR THIRD PARTY. Some jurisdictions do not allow certain disclaimers, so portions of this section may not apply to you.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, COQUI WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION. COQUI'S TOTAL LIABILITY ARISING FROM THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID COQUI FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) $100. These limits do not apply where prohibited by law or to liability that cannot legally be limited.

15. Indemnity for venue accounts

If you operate a venue account, you will defend and indemnify Coqui and its personnel from third-party claims arising from your venue content, offers, events, surveys, physical premises, staff actions, violation of law, or breach of these Terms, except to the extent caused by Coqui's own unlawful conduct. This section does not apply to individual guests acting solely in a personal capacity.

16. Governing law and disputes

Arizona law governs these Terms, without regard to conflict-of-law rules. Before filing a claim, each party agrees to send written notice and attempt in good faith to resolve the dispute for 30 days. Unless applicable consumer law requires otherwise, state and federal courts located in Maricopa County, Arizona will have exclusive jurisdiction. These Terms do not require arbitration and do not waive any right that cannot lawfully be waived.

17. Changes and other terms

We may update these Terms as the Service or law changes. We will post the new effective date and provide additional notice when a change materially affects your rights. Continued use after the effective date means you accept the updated Terms; where law requires fresh consent, we will request it. A separate signed order form or enterprise agreement controls if it expressly conflicts with these Terms. If one provision is unenforceable, the remaining provisions remain effective. Our failure to enforce a provision is not a waiver.