BowlOS Terms of Service

These Terms of Service (“Terms” or “Agreement”) govern your access to and use of the BowlOS software platform, websites, applications, and related services (collectively, the “Services”) provided by Red Cloud LLC, doing business as BowlOS (“BowlOS,” “we,” “us,” or “our”). By creating an account, signing an order form, or using the Services, you (“Customer,” “you,” or “your”) agree to be bound by these Terms. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have authority to bind that entity.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.

1. The Services

1.1 Description

BowlOS provides a software-as-a-service platform for bowling centers, including point-of-sale (“POS”), customer relationship management (“CRM”), reservation and lane management, marketing and transactional email, reporting, and related operational tools.

1.2 Account Registration

You must provide accurate, current, and complete information when registering and keep that information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us promptly of any unauthorized access.

1.3 Authorized Users

You may permit your employees, contractors, and agents (“Authorized Users”) to access the Services on your behalf. You are responsible for the acts and omissions of your Authorized Users and for ensuring they comply with this Agreement.

2. Subscription, Fees, and Payment

2.1 Subscription Plans

Access to the Services is provided on a subscription basis under the plan and term described in your order form or online sign-up (“Order”). Subscriptions automatically renew for successive terms equal to the initial term unless either party provides written notice of non-renewal at least thirty (30) days before the end of the then-current term.

2.2 Fees

You agree to pay all fees specified in your Order. Fees are non-refundable except as expressly stated in this Agreement. We may increase fees upon at least thirty (30) days’ prior notice, with the increase taking effect at your next renewal.

2.3 Taxes

Fees do not include taxes. You are responsible for all sales, use, value-added, and similar taxes, excluding taxes based on our net income.

2.4 Late Payment

Past-due amounts accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower. We may suspend the Services for non-payment after providing reasonable notice.

3. Customer Data

3.1 Definition

“Customer Data” means data, content, and information that you or your Authorized Users submit to or generate within the Services, including end-customer records, transaction history, marketing lists, and communications.

3.2 Ownership

As between the parties, you own all right, title, and interest in your Customer Data. You grant BowlOS a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and process Customer Data solely as needed to provide the Services and as permitted by our Privacy Policy.

3.3 Your Responsibilities for Customer Data

You represent and warrant that:

• You have all rights, consents, and permissions necessary for BowlOS to process Customer Data as contemplated by this Agreement.
• Customer Data does not violate any law or third-party right.
• Email recipients have provided valid consent (where required) to receive the messages you send through the Services, and you maintain records sufficient to prove that consent.
• Your privacy notices and end-customer terms accurately disclose your use of BowlOS as a service provider.

3.4 Backups

We perform regular backups of the Services as a whole; however, you are responsible for maintaining your own copies of Customer Data you consider critical.

4. Acceptable Use

You will not, and will not permit any Authorized User or third party to:

• Use the Services in violation of any law or regulation, including the CAN-SPAM Act, the Telephone Consumer Protection Act (“TCPA”), or applicable state privacy laws.
• Send spam, phishing, malware, or any unsolicited commercial messages through the Services.
• Upload or transmit lists obtained through purchase, rental, scraping, or other means that did not include affirmative recipient consent.
• Send messages with deceptive headers, subject lines, or sender information.
• Send messages without a functional unsubscribe mechanism (for marketing messages) or that fail to honor unsubscribe requests within the time required by law.
• Send SMS or text messages to recipients who have not provided express written consent as required by the Telephone Consumer Protection Act (“TCPA”), or fail to honor STOP / opt-out requests immediately.
• Reverse engineer, decompile, or attempt to derive the source code of the Services, except to the extent permitted by law.
• Resell, sublicense, or provide the Services to any third party except to your end customers in the ordinary course of operating your bowling center.
• Interfere with or disrupt the integrity, security, or performance of the Services or the data they contain.
• Use the Services to send messages on behalf of unrelated third parties or businesses other than your own bowling center operation.

5. Email and SMS Sending; Anti-Spam Compliance

Because BowlOS sends email and, where enabled, SMS text messages on your behalf, the following requirements are material to this Agreement:

5.1 Consent and List Hygiene (Email)

• You may only send marketing email to recipients who have affirmatively opted in to receive marketing communications from your bowling center.
• You will maintain reasonable list hygiene practices, including prompt removal of bounced addresses, complaint addresses, and unsubscribed contacts.
• You will not import contacts from co-registration sources, purchased lists, scraped data, or third-party promotions unless those contacts also opted in directly with your bowling center.

5.2 Required Email Elements

Every marketing message you send through the Services must include:

• A clear and accurate sender identification.
• A non-misleading subject line.
• Your bowling center’s valid physical postal address.
• A clear, conspicuous, and functional one-click unsubscribe mechanism.

5.3 Consent and Compliance (SMS / Text Messages)

If you use BowlOS to send SMS or text messages to mobile numbers, you are responsible for full compliance with the Telephone Consumer Protection Act (“TCPA”), CTIA Messaging Principles and Best Practices, and applicable state laws. Specifically, you agree that:

• You will obtain prior express written consent from each recipient before sending marketing text messages, and prior express consent before sending informational text messages.
• Consent will not be a condition of any purchase.
• At the point of consent, you will clearly disclose the program purpose, message frequency, that message and data rates may apply, and how to opt out (typically “Reply STOP to cancel, HELP for help”).
• You will retain records of consent (timestamp, source, and the language shown to the recipient) for as long as required by law and provide them to BowlOS upon reasonable request.
• You will honor opt-out requests immediately and process keywords such as STOP, END, CANCEL, UNSUBSCRIBE, and QUIT.
• You will not send messages to numbers on the National Do Not Call Registry (when applicable), to numbers ported from a landline within the past 15 days without re-confirmation, or to numbers that have not opted in.
• You will not send prohibited content, including but not limited to messages relating to sex, hate, alcohol (without age-gating), firearms, tobacco, cannabis, or illegal substances, except as expressly permitted by carrier rules and applicable law.

5.4 Transactional Messages

Transactional messages (e.g., reservation confirmations, receipts, two-factor authentication codes, support replies) must relate to a transaction or relationship the recipient has initiated and must not contain promotional content as their primary purpose. Transactional SMS still requires prior express consent and must honor STOP requests.

5.5 Suspension for Sender Reputation

We may immediately suspend your email or SMS sending privileges if your bounce rate, complaint rate, opt-out rate, carrier-violation rate, or other sender-reputation metrics exceed industry-standard thresholds, or if your sending activity threatens the deliverability of the platform as a whole. We will work with you in good faith to restore sending after the underlying issues are resolved.

5.6 Third-Party Service Providers

Email and SMS messages sent through the Services are transmitted by third-party providers. Your use of the Services is also subject to the acceptable use policies of these providers, and we may pass through additional carrier or aggregator requirements as needed. We are not responsible for third-party services, but we will use commercially reasonable efforts to provide continuity if a provider becomes unavailable.

6. Intellectual Property

6.1 BowlOS IP

We and our licensors own all right, title, and interest in the Services, including all software, documentation, trademarks, and underlying technology. Subject to your compliance with this Agreement, we grant you a non-exclusive, non-transferable, non-sublicensable right during the subscription term to access and use the Services for your internal business operations.

6.2 Feedback

If you provide suggestions, ideas, or feedback about the Services, you grant us a perpetual, irrevocable, royalty-free license to use that feedback without restriction.

7. Confidentiality

Each party agrees to protect the other party’s Confidential Information using the same care it uses to protect its own confidential information of similar importance, and in no event less than reasonable care. Confidential Information does not include information that is publicly available, was already known to the receiving party, or was independently developed without reference to the disclosing party’s information.

8. Privacy and Data Protection

Our Privacy Policy describes how we collect, use, and disclose information in connection with the Services. Where BowlOS processes personal information on your behalf, we act as your service provider and process that information only to provide the Services and as permitted by applicable law.

9. Term and Termination

9.1 Term

This Agreement begins on the effective date of your first Order and continues until all subscriptions have expired or been terminated.

9.2 Termination for Cause

Either party may terminate this Agreement if the other party materially breaches the Agreement and fails to cure that breach within thirty (30) days after receiving written notice.

9.3 Termination for Misuse

We may suspend or terminate the Services immediately if we reasonably believe your use of the Services violates Section 4 (Acceptable Use) or Section 5 (Email Sending), creates legal exposure for BowlOS, or threatens the security or operation of the platform.

9.4 Effect of Termination

Upon termination, your right to access the Services ends. We will make Customer Data available for export for thirty (30) days after termination, after which we may delete it in accordance with our retention policies.

10. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOWLOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY EMAIL SENT THROUGH THE SERVICES WILL BE DELIVERED.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE FEES YOU PAID OR OWED TO BOWLOS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS, YOUR INDEMNITY OBLIGATIONS, OR EITHER PARTY’S WILLFUL MISCONDUCT.

12. Indemnification

12.1 By Customer

You will defend, indemnify, and hold harmless BowlOS and its affiliates (including Red Cloud LLC) from any third-party claim arising out of: (a) Customer Data; (b) your use of the Services in violation of this Agreement or applicable law; (c) email or SMS messages sent through the Services, including any claim of unsolicited commercial messaging, lack of consent, or violation of CAN-SPAM, TCPA, state mini-TCPA statutes, or similar laws; or (d) the products or services you offer to your end customers.

12.2 By BowlOS

We will defend you against any third-party claim that the Services, used in accordance with this Agreement, infringe a U.S. patent, copyright, or trademark, and pay damages and costs finally awarded against you. If the Services become or in our opinion are likely to become subject to such a claim, we may modify the Services, obtain a license, or terminate the affected subscription and refund prepaid unused fees.

13. Governing Law and Disputes

This Agreement is governed by the laws of the State of Arkansas, without regard to its conflict-of-laws principles. The exclusive venue for any dispute arising out of this Agreement is the state or federal courts located in Benton County, Arkansas, and each party consents to personal jurisdiction there.

14. Changes to These Terms

We may update these Terms from time to time. We will provide notice of material changes by email or through the Services at least thirty (30) days before the changes take effect. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

15. General

This Agreement is the entire agreement between the parties regarding the Services and supersedes all prior agreements on the subject. If any provision is held unenforceable, the remaining provisions remain in effect. Neither party may assign this Agreement without the other party’s consent, except to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets. Notices must be in writing and delivered to the addresses on file.

16. Contact

Questions about these Terms can be sent to: