This Business Services Agreement (“Agreement”) governs the obligations of food and beverage business users (“Merchants”) who create, manage, or claim listings or publish offers through the 3Specials platform (the “Service”). This Agreement supplements the general Terms of Service. In the event of a conflict between this Agreement and the Terms of Service on a merchant‑specific obligation, this Agreement controls.
Merchants include restaurants, cafés, bakeries, dessert shops, ice cream stores, bars, food trucks, coffee shops, and similar food and beverage businesses.
By creating a merchant account, claiming a listing, or publishing content through the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement, the Terms of Service, and the Privacy Policy.
1. Content Standards and Merchant Responsibilities
1.1 Accuracy and legality of offers
Merchants are solely responsible for the legality, accuracy, completeness, timing, pricing, availability, redemption terms, and fulfillment of all content they submit or cause to be displayed through the Service, including specials, events, promotions, menus, photos, alcohol‑related offers, disclaimers, and business descriptions.
All content submitted through the Service must:
- be truthful, current, and not misleading;
- match the goods or services actually offered by the business at its physical location;
- comply with all applicable federal, state, and local laws, regulations, licenses, and industry rules;
- not infringe any third‑party intellectual property, privacy, publicity, or other rights; and
- not include spam, fraudulent content, malware, deceptive claims, discriminatory content, or unlawful material.
1.2 Offer accuracy obligation
Every offer, special, or promotion published through the Service must reflect a real promotion currently available at the Merchant’s physical establishment. Merchants may not publish offers that are expired, fabricated, materially different from what the business actually provides, or designed to mislead consumers.
All prices advertised through the Service must include all mandatory fees. To the extent Merchant charges a mandatory service fee, gratuity, or surcharge permitted by applicable law, Merchant must ensure such fee is clearly and conspicuously disclosed within the text of the offer submitted for publication.
1.3 Content review and merchant obligation to monitor
3Specials may use automated systems to format, classify, or moderate Merchant content. Automated formatting does not transfer responsibility for the underlying content from the Merchant to 3Specials. Merchants remain responsible for reviewing their published content promptly and requesting corrections where needed. 3Specials may, but is not obligated to, hold, confirm, label, moderate, edit, or remove content that appears incomplete, deceptive, unlawful, dangerous, or likely to cause consumer confusion.
1.4 AI and automated processing
3Specials may use automated tools, including AI and optical character recognition (OCR), to help parse, format, classify, or compare Merchant‑submitted content. For details on how automated processing tools are used, including in the context of business‑verification documents, see Section 10 of our Privacy Policy.
3Specials will not use, nor permit its third‑party AI/OCR service providers to use, private business‑verification documents or non‑public merchant operational data to train, fine‑tune, or develop generalized artificial intelligence models without the Merchant’s explicit, separate, prior written consent.
1.5 Advertising standards
Merchant content must comply with applicable truth‑in‑advertising laws and must not constitute bait‑and‑switch advertising. Where an offer has material terms, limitations, or conditions (such as minimum purchase, limited quantities, time restrictions, or dine‑in only), those terms must be included in or alongside the offer as displayed. 3Specials may reject, hold, or flag content that omits material terms likely to cause consumer confusion.
1.6 Sponsored or featured placement
If 3Specials introduces paid‑priority, sponsored, or featured placement options in the future, such placements will be clearly disclosed to consumers as sponsored or promoted content. Merchants participating in paid‑priority placement will be subject to additional terms disclosed at the time of enrollment.
2. Business Verification
2.1 Verification process
3Specials may request documentation from Merchants to verify a business claim, listing correction, removal request, or business authority. Requested materials may include business licenses, utility bills, or similar business records that help establish the submitter’s connection to the business.
We will use commercially reasonable efforts to review initial verification submissions within 10 business days of receipt of a complete submission. If we request resubmission or if Merchant requests review of a verification decision, we will review and respond within 15 business days.
2.2 Document handling
Verification documents are processed internally and may be reviewed with the assistance of automated tools (including OCR) to extract text fields such as business name and address. Documents are retained in accordance with the retention schedule described in our Privacy Policy. We do not process driver’s licenses, passports, or government photo identification documents for verification purposes.
2.3 Discretion
3Specials may reject, request resubmission of, or decline to act on verification submissions that appear fraudulent, forged, deceptive, incomplete, unauthorized, illegible, or otherwise inconsistent with applicable requirements. We may report fraudulent or unlawful verification submissions to law enforcement or other appropriate authorities.
2.4 No certification or endorsement
Review, claim approval, or verification status does not mean that 3Specials certifies, endorses, or guarantees the Merchant’s legal compliance, licensure, ownership, food safety, financial condition, or ongoing good standing. Any verification is point‑in‑time and may be revised, revoked, or limited at any time in our discretion. 3Specials is not responsible for verifying the ongoing accuracy of information a Merchant submits after initial review.
2.5 Appeals
If your verification submission is denied, you may submit additional or corrected documentation by contacting support@3specials.com. We will review resubmissions and respond within 15 business days of receipt.
Verification Appeals. If your verification submission is denied after resubmission, you may appeal the decision by emailing legal@3specials.com with the subject line “Verification Appeal — [Restaurant Name].” Appeals must include: (a) the reason you believe the denial was in error, (b) any additional supporting documentation, and (c) your contact information. We will review appeals within 15 business days of receipt. Appeal decisions are made by a reviewer who was not involved in the original denial. The appeal decision is final.
3. Alcohol, Regulated, and Age‑Restricted Offers
3.1 Merchant compliance obligations
If you post or promote any offer involving alcohol or another regulated or age‑restricted product or service, you represent and warrant that:
- the offer complies with all applicable federal, state, and local advertising, pricing, licensing, age‑verification, and service laws in every jurisdiction where the offer is displayed or redeemed;
- you hold all required permits and licenses for the sale and promotion of the products or services offered, including, where applicable, a valid Texas Alcoholic Beverage Commission (TABC) permit or equivalent license in other jurisdictions; and
- you are solely responsible for ensuring that all applicable age‑verification, responsible‑service, and labeling requirements are met at the point of sale.
3.2 Platform separation
3Specials does not sell, serve, deliver, or distribute alcoholic beverages. 3Specials does not dictate alcohol pricing, does not receive a percentage or commission on alcohol sales, and does not act as agent for any manufacturer, distributor, or retailer of alcoholic beverages. All alcohol‑related transactions occur directly between the consumer and the licensed Merchant at the Merchant’s physical premises.
3.3 Moderation rights
3Specials may flag, delay, limit, suppress, or remove alcohol‑related or other regulated content at any time, including in jurisdictions where display of such content may be restricted by law.
4. Intellectual Property Warranties
4.1 Ownership and authorization
Merchant represents and warrants that all content submitted to 3Specials — including text, images, logos, menus, photographs, descriptions, and promotional materials — is either owned by Merchant, used with valid permission, or otherwise lawfully used. Merchant will not submit content that infringes or misappropriates any third party’s copyright, trademark, trade secret, right of publicity, or other intellectual property or proprietary right.
4.2 License to public content
When you submit or upload public or merchant‑facing business content to the Service — such as listings, specials, menus, logos, descriptions, photos chosen for display, and other content intended for publication — you grant 3Specials a worldwide, non‑exclusive, royalty‑free, sublicensable license to host, store, copy, reproduce, modify, format, translate, display, distribute, analyze, and otherwise use that content as needed to operate, secure, improve, and promote the Service. This license continues for as long as reasonably necessary to operate the Service, maintain backups, resolve disputes, comply with law, and preserve records.
4.3 License to verification documents
Private business‑verification documents and related non‑public submission materials are treated differently. For those materials, you grant 3Specials a limited, non‑exclusive, royalty‑free license to host, store, copy, process, and analyze them solely as needed to review claims, verify business authority, prevent fraud, protect the Service, comply with law, resolve disputes, and preserve records. This narrower license does not include the right to publicly display, distribute, or use private verification documents to promote the Service.
5. Fees and Billing
Subscription fees, billing intervals, and cancellation terms for merchant plans are governed by Section 6 of the Terms of Service.
In addition:
- All fees charged to Merchants are disclosed before enrollment. 3Specials will not add undisclosed fees or surcharges beyond the subscription price presented at checkout.
- Fee changes require at least 30 days’ advance notice before the new pricing takes effect. If Merchant does not agree to the new pricing, Merchant may cancel before the change takes effect.
- 3Specials currently charges subscription fees only. 3Specials does not currently charge per‑transaction fees, commissions on food or beverage sales, referral fees, or delivery fees.
6. Merchant Privacy Obligations
To the extent Merchant receives any consumer data through the Service — including but not limited to redemption counts, offer‑engagement data, or aggregate analytics — Merchant shall:
- use such data solely for the purpose of managing its 3Specials listings and offers;
- not sell, share, or disclose consumer data to third parties except as required by law;
- not use consumer data obtained through the Service for unrelated marketing, profiling, or resale purposes; and
- comply with all applicable privacy laws.
Consumer data provided through the Service remains the property of the respective consumers and is made available to Merchants under the terms of this Agreement and applicable law. Merchant’s access to consumer data may be limited, modified, or revoked at any time.
6.1 Merchant Data Security
Merchant shall implement and maintain reasonable administrative, technical, and physical safeguards to protect any personal information received through the Service against unauthorized access, use, disclosure, alteration, or destruction. At a minimum, Merchant shall:
- restrict access to personal information to authorized personnel who need it to fulfill Merchant’s obligations under this Agreement;
- use commercially standard encryption for personal information stored electronically or transmitted over public networks;
- promptly delete or securely destroy personal information that is no longer needed for the purpose for which it was provided; and
- comply with all applicable data breach notification laws.
Breach notification. If Merchant becomes aware of any actual or reasonably suspected unauthorized access to, or acquisition of, personal information received through the Service, Merchant shall notify 3Specials at legal@3specials.com within 48 hours of discovery. The notification shall include, to the extent known, the nature and scope of the incident, the categories of data affected, and the steps Merchant is taking to contain and remediate the incident.
7. Tax Responsibility
Merchant is solely responsible for all taxes, fees, and assessments arising from Merchant’s business operations, including any sales tax, use tax, excise tax, or other taxes applicable to Merchant’s offers, products, or services. 3Specials does not collect or remit taxes on behalf of Merchant, other than taxes on 3Specials’ own subscription fees where required by law.
8. Merchant Indemnification
To the extent permitted by law, Merchant shall indemnify, defend, and hold harmless 3Specials LLC, its affiliates, and their respective officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:
- Merchant’s content, including any claim that Merchant’s content is inaccurate, misleading, unlawful, or harmful;
- Merchant’s breach of this Agreement or the Terms of Service;
- Merchant’s violation of any applicable law or regulation;
- any claim that Merchant’s content infringes a third party’s intellectual property, privacy, publicity, or other rights;
- any claim arising from the products, services, or offers provided by Merchant, including personal injury, illness, allergic reaction, food safety, or alcohol‑related claims; and
- any claim arising from Merchant’s handling of consumer data obtained through the Service.
Notwithstanding the foregoing, Merchant shall not be required to indemnify 3Specials for claims, damages, or liabilities arising directly from the acts, omissions, negligence, or willful misconduct of 3Specials or its employees, agents, or contractors.
9. Termination, Data Export, and Offboarding
9.1 Termination
Either party may terminate this Agreement at any time. 3Specials may terminate or suspend Merchant’s access for breach of this Agreement, the Terms of Service, or applicable law, or for any reason described in Section 16 of the Terms of Service.
9.2 Effect of termination
Upon termination:
- Merchant’s active listings and specials will be removed or suppressed within 7 business days;
- Merchant may request export of its content data by contacting support@3specials.com within 30 days of termination;
- previously paid subscription fees are non‑refundable unless required by law or expressly stated otherwise; and
- 3Specials may retain records as required by law or for legitimate business purposes, including billing records, fraud prevention records, and dispute resolution records, as described in our Privacy Policy.
9.3 Subscription cancellation
Cancellation of Merchant’s paid subscription is governed by Section 6 of the Terms of Service.
9.4 Survival
Sections of this Agreement that by their nature should survive termination will survive, including intellectual property licenses (to the extent described in Section 4), indemnification, confidentiality, and any accrued obligations.
10. Confidentiality
Each party agrees not to disclose the other party’s non‑public business information obtained through the relationship under this Agreement, except: (a) to employees, contractors, or advisors who need to know the information and are bound by appropriate confidentiality obligations; (b) as required by law, regulation, or legal process; or (c) with the other party’s prior written consent.
This confidentiality obligation does not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party without restriction before disclosure; (c) is independently developed by the receiving party without use of the other party’s confidential information; or (d) is rightfully obtained from a third party without restriction.
11. Insurance
Merchant shall maintain, at its own expense, the following minimum insurance coverage throughout the term of this Agreement:
- Commercial general liability: $1,000,000 per occurrence.
- Liquor liability: $1,000,000 per occurrence, if Merchant offers alcohol‑related specials through the Service.
3Specials reserves the right to request certificates of insurance at any time.
12. SMS and Communications
Merchant communications via SMS, including specials posted by text message, dashboard notifications, and billing notices, are governed by our SMS/Text Messaging Terms. By using SMS features, Merchant agrees to those terms.
Merchant’s SMS consent records are maintained as described in our Privacy Policy and in accordance with applicable law.
13. General Terms
All other terms governing use of the Service — including eligibility, prohibited conduct, intellectual property, dispute resolution, limitation of liability, indemnification, accessibility, and general provisions — are set forth in the Terms of Service, which apply to Merchants in addition to this Agreement.
© 2026 3Specials LLC. All rights reserved. 3Specials™ Haslet, Texas, United States.