PassPass Terms of Use and Membership Agreement

Last Updated: April 30, 2025

This Terms of Use and Membership Agreement (the “Terms”) applies to your use of the website available at PassPass.com, including the GobalAccess.PassPass.com website (the “Site”) and/or our mobile app (the “Software”), owned and operated by PassPass LLC, a Texas limited liability company (collectively “PassPass,” “we,” or “us”). By using the Site and/or our the Software, or otherwise utilizing our services (collectively, the Site and Software are referred to as the “Services”), you are agreeing to these legally binding Terms (available at https://app.passpass.com/terms-of-use), our Privacy Policy (available at passpass.com/legal), and with respect to any giveaways, the official giveaway rules (the “Giveaway Rules”) (available at https://www.passpass.com/legal). If you utilize GlobalAccess.PassPass.com, additional terms and conditions apply specific to any use of the Services available through GlobalAccess.PassPass.com, which are available at https://globalaccess.passpass.com/terms (the “Global Access Terms”).

Please read these Terms carefully. The Terms, Privacy Policy, Giveaway Rules, and Global Access Terms are collectively referred to as the “Agreement.”

You must be at least eighteen (18) years or older to participate in our Services and to use the Site and Software. If you are not eighteen years or older, you may not use the Site, our Services, or the Software.

PassPass reserves the right to modify our Terms, Privacy Policy, Giveaway Rules, Services, Software, and our Site at any time. If we do, any changes or modifications will be posted on the Site and are effective upon the posted date. If we make material changes to the Agreement, we will notify you via email to the address associated with your member account. If you keep using the Site, Software, or Services after a change, that means you accept the changes, so you should make sure to review our posted policies from time to time.

IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, YOU MAY NOT USE OUR SITE, SOFTWARE, OR OUR SERVICES AND MUST DELETE ANY ACCOUNT YOU HAVE CREATED.

1. Your Access to the Site, Software, and Services

1. License. Subject to the Agreement, PassPass grants you a temporary, limited, non-exclusive, revocable, non-transferable, and non-sublicenseable license to use the Site, Services, and Software. By agreeing to grant such access, PassPass does not obligate itself to maintain the Site, Services, or Software, in their present or any future form. PassPass may upgrade, modify, or change the foregoing at any time in PassPass’s sole discretion.

2. Your Obligations. You agree to abide by the rules PassPass publishes with respect to your use of the Services, Site, and Software, and any other current or future rules and regulations communicated to you either by posting such rules or regulations to the Site or delivered to you by e-mail. Any such rules or regulations are incorporated into this Agreement. You also agree to follow all laws, rules, and regulations whether local, state, federal, or otherwise.

3. Authorization and Ownership. You represent and warrant that any information, data, documents, photographs or other images or videos, or any other content (“User Content”) that you upload, post, share, send, or otherwise provide in connection with the Services, Site, or Software is either owned by you, or that you have the legal right to upload or provide such User Content. You further grant PassPass a limited, royalty-free, transferrable, sub-licensable, non-exclusive, worldwide license to host, copy, use, modify, publicly perform or display, create derivative works from, and distribute such User Content as part of PassPass’s Services. You agree to indemnify, hold harmless, and defend PassPass and its affiliates from and against any action, cause, claim, damage, demand, liability, or loss, including reasonable costs and attorneys’ fees, asserted by any person, arising out of, or relating to a claim that your upload or provision of User Content infringes or violates the rights of any third party.

4. Accurate Information. You represent and warrant that all information and documents provided by you are accurate, truthful, and authentic. You agree not to falsely impersonate any third party through your member profile, communications, or any other use of the Site or Software. You agree that any comments, opinions, reviews, statements, recommendations, or other representations you make or post are truthful and, for any such representations made regarding any third party (such as a business or service provider), that such representations are based on first-hand knowledge and are relevant to the quality of the goods or services provided by such third party.

5. Suspension. PassPass may suspend your access to the Services at any time if, in our opinion, this is reasonably necessary to preserve the security and proper operation of the Services, if you have failed to comply with any of the terms of this Agreement, or if any information or documents provided by you are false, misleading, or deceptive.

6. Deleting Your Account. You may delete your account at any time through the Software.

2. Membership Accounts

7. Availability. Creation of a membership account and profile may be required to take full access of the opportunities and capabilities offered through the Site and Software. Membership is not available to any individual under the age of eighteen (18) years. PassPass may offer different types of memberships with different functionality.

8. Paid Memberships. If you choose to purchase a paid membership, you hereby agree to the following additional terms.

9. Fees. You agree to pay all applicable fees including, without exclusion, the subscription fees as set forth in the membership descriptions available at https://www.passpass.com/legal and any other fees, charges, or costs that you agree to purchase as part of the Services (“Fees”). Customer agrees to pay for all charges and usage fees incurred prior to termination or cancellation of the Agreement. Refunds will not be issued unless required by law. The payment obligation shall survive termination or cancellation of this Agreement for any reason whatsoever, but only for those periods prior to the effective date of such cancellation or termination.

10. Payment and Automatic Payment. Your payment information may be processed and stored through a third-party payment processor. All paid account holders must maintain at least one valid payment method for payment of Fees, which are described in more detail at available at https://www.passpass.com/legal. All Fees are calculated and billed to you on a monthly or annual basis depending upon the available subscription options. Fees shall be charged or debited from the saved payment information each on the monthly or annual anniversary of the initial purchase date, or the last day of the month in the case the anniversary date does not exist. (e.g., if the initial purchase was made on January 31, the February monthly payment would be processed on February 28). You represent and warrant that (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase, and (ii) the information you supply to us is true, correct, and complete. If PassPass does not receive payment from your credit card issuer or its agent, you will be responsible for an alternate payment arrangement and any resulting fees.

11. Information Sharing. By creating an account, you authorize PassPass to share certain aspects of your member profile and other information with third parties to provide you with the Services.

12. Required Information. Certain aspects of the Site, Services, and/or Software may require you to provide additional information to take full advantage of the Services. You acknowledge and agree that your use of the Services, Site, and Software may be limited if you choose not to provide certain types of requested information.

13. No Endorsement or Control by PassPass. By accessing the Site or Services, you may have the option to connect with individuals, businesses, organizations, or providers to obtain information, connect with others on social media platforms, or access other goods or services. You acknowledge and agree that PassPass does not monitor, review, evaluate, or otherwise exercise any control over the goods or services offered by any third party and does not endorse, provide any warranty, or make any other promises or guarantees regarding any goods, services, or experiences provided by any third party. Any dispute regarding the goods, services, actions, or statements provided, sold, or made by any third party is solely between you and such third party.

14. Paid Member Referrals. Paid members can refer others to also become paid members. The original paid member who refers another paid member will earn a referral fee of $1.75 per paid referred member per month if both the referrer and the referred members maintain active paid accounts. If either the referred member or the referring member ceases to be a paid member, then such referral shall be ineligible to earn a referral fee. However, if such member(s) reactivate their paid membership within one hundred and eighty (180) days, then the eligibility to earn the referral fee shall be reactivated on a prospective basis.

3. Discounts, Coupons, and Offers

15. Platform Only. PassPass merely provides a platform for third-party merchants to provide discounts, coupons, deals, or other offers or promotions (collectively “Deals”). PassPass does not have control over the terms, applicable restrictions, or continued availability of any previous, current, or future Deals provided by third parties through the PassPass Services.

16. Third-Party Control. You acknowledge and agree that all Deals from any third party are entirely and exclusively under the control of such third party. PassPass does not and cannot review or otherwise control the content provided by such third parties, nor does PassPass guarantee or monitor such third party’s compliance with its Deals. You further acknowledge and agree that any transaction between you and any third party, inclusive of any merchants that provide Deals through the PassPass Services, is entirely and exclusively between you and such third party and that PassPass is not a party to such transaction, and PassPass does not endorse, sponsor, guarantee, or otherwise get involved in such transactions.

17. Availability; Restrictions. You acknowledge and agree that all Deals are subject to availability limitations. The posting of such offers does not constitute a contract and such third parties may have limited quantities of goods or services subject to such Deals. You further acknowledge and agree that third parties may have additional restrictions or qualifications posted or communicated to you at the point of sale.

4. PassPass Giveaways

18. Eligibility. In order to be eligible to win any prizes through PassPass’s giveaways, you must agree to and be in full compliance with the Giveaway Rules and these Terms. Even if you are selected as a potential winner, you acknowledge and agree that you will be ineligible if you are not in full compliance with the Giveaway Rules and these Terms.

5. Prohibited Uses

19. The Site, Software, and Services are intended for your personal use only, and you agree not make any commercial use of the Site, Software, Services, or any associated content. You acknowledge and agree that you will not and cannot:

1. Reproduce, duplicate, copy, display, rent, sell, resell, or otherwise exploit the Site or Software, or their contents, descriptions, materials, or information for any purpose without the express written consent of PassPass;
2. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials obtained from PassPass, from the Site or Software, or acquired in connection with the Services;
3. Use the Site, Software, or Services in any manner that infringes upon or violates the copyright, patent, trademark, or trade secret rights of another party;
4. Use the Site, Software, or Service including, but not limited to, to upload, post, or send communications to other members for commercial solicitation or political campaigning, any content or message that is harmful, threatening, abusive, harassing, vulgar, obscene, racist, sexually explicit, profane, hateful, defamatory, libelous, invasive of the privacy of another, or unlawful, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law, or is otherwise objectionable in the sole discretion of PassPass;
5. Upload, post, or transmit any viruses, trojan horses, or other malicious or harmful computer code or programs or otherwise use the Site, Software, or the Services to intentionally or unintentionally violate any local, state, federal, or other law; or
6. Engage in any other activity deemed by PassPass, in PassPass’s sole discretion, to be in conflict with the spirit or intent of this Agreement.

20. You agree not to take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have towards anyone. You agree not to engage in any activity that in PassPass’s sole discretion violates the spirit or intent of the Agreement.

6. Account Security Responsibility

If you choose to register on the Site or through the Services, you may need to choose a username and set a password. You are responsible for all the activity on the Site and as part of the Services, and for keeping any usernames and/or passwords confidential. If you know or suspect that someone has used your username and/or password without permission, you must immediately report it to us at privacy@passpass.com.

You should use particular caution when accessing the Site and Services from a public or shared computer so that others are not able to view or record your password or other personal information. PassPass reserves the right to disable any account, username, or password at any time and for any reason, particularly where abuse or misuse is suspected.

7. Your Information and Data

PassPass only uses your information as described in the Privacy Policy. We understand the importance of protecting your personal information, but if you object to your information being transferred or used as described in the Privacy Policy, you may not use the Services, including the Software.

8. Intellectual Property

The Services are legally protected through copyrights, trademarks, service marks, patents, trade secrets, and other laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site or Services. You agree you will not directly or indirectly copy, reproduce, modify, distribute, create derivative works from, or publicly display the Site or Services without PassPass’s prior express written permission. Except for the limited license identified in Section 1, you acknowledge that nothing contained in this Agreement shall be construed as granting or conferring, by implication, estoppel or otherwise, any right, title, or interest to any trademark, copyright protected work, or other intellectual property.

9. PassPass’s Rights

All rights not expressly granted to you in this Agreement are expressly reserved by PassPass. This includes the following rights, which we reserve the right to exercise at any time:

• We can make changes to our Site, Software, and Services without notice
• We can change our membership criteria and responsibilities at any time
• We can edit or remove any of your content at any time and for any reason
• We can refuse service and suspend or terminate accounts at any time in our sole discretion
• We can decline to offer our Site, Software, and Services at any time and for any reason in our sole discretion

You agree that PassPass is not liable for any damages that may result from taking any of the above actions.

10. Disclaimers

1. Availability. You agree that from time to time the Services may be inaccessible or inoperable in whole or in part for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which PassPass may undertake from time to time; or (iii) causes beyond the control of PassPass or which are not reasonably foreseeable.

2. No Responsibility for Third-Party Actions or Statements. PassPass is not responsible for the actions, statements, or omissions of other members and any other third parties. PassPass will relay information, communications, and other content provided by third parties to you, but we are not responsible for the accuracy, content, or any other aspect from such third-party Deals, information, communications, or content. The appearance of any individual, business, organization, provider, or other third party on the Site or through the Services does not constitute any recommendation or endorsement by PassPass.

3. No Warranties. PassPass tries to keep the Site, Software, and Services working, error-free, safe, and with only reputable third parties, but PassPass cannot guarantee that access to or use of the foregoing will be secure, uninterrupted, or free of errors or omissions, or that the Deals or other goods and services advertised on or offered through the Services will be of any particular quality. PassPass uses reasonable care and skill in providing the Services, but the Site, Software, and Services are provided without any warranties of any kind. The foregoing shall not be construed as to affect the warranties provided by third parties, if any.

4. Disclaimer of Warranties. 

THE INFORMATION PROVIDED AS PART OF THE SERVICES IS FOR GENERAL INFORMATIONAL PURPOSES ONLY. YOUR RELIANCE ON ANY INFORMATION IN CONNECTION WITH THE SERVICES OR OTHERWISE PROVIDED BY PASSPASS, ITS AFFILIATES, OR ANY THIRD PARTY IS SOLELY AT YOUR OWN RISK.

PASSPASS AND ITS AGENTS, OFFICERS, EMPLOYEES, SUCCESSORS, AND AFFILIATES PROVIDE THE SITE , SOFTWARE, AND THE SERVICES “AS IS WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, AND PASSPASS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WHETHER EXPRESS OR IMPLIED AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. PASSPASS DOES NOT WARRANT (1) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, SOFTWARE, OR SERVICES, (2) THE AVAILABILITY OF ANY CONTENT ASSOCIATED WITH THE SITE, SOFTWARE, OR SERVICES, (3) THAT THE SERVICES, SOFTWARE, THE SITE WILL MEET YOUR PARTICULAR NEEDS, (4) THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (5) THAT THE OPERATION OF THE SITE, SOFTWARE, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, (6) THAT DEFECTS WILL BE CORRECTED, OR (7) THAT THE FUNCTIONS CONTAINED IN THE SITE OR SOFTWARE WILL FUNCTION WITH OTHER SOFTWARE OR HARDWARE, OR WITHIN A SYSTEM. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PASSPASS OR A PASSPASS-AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

PASSPASS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO ANY THIRD-PARTY DEALS, GOODS, OR SERVICES OFFERED THROUGH THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION MAY NOT APPLY.

NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS AFFECTING ANY WARRANTIES PROVIDED BY ANY THIRD PARTIES.

11. Limitation of Liability

IN NO EVENT WILL PASSPASS, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, SOFTWARE, THE SERVICES, OR ANY THIRD-PARTY CONTENT LINKED TO THE FOREGOING, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT PASSPASS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED OR LIMITED AS SET FORTH ABOVE, IN NO EVENT SHALL PASSPASS BE LIABLE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, IN EXCESS OF THE AMOUNT ACTUALLY PAID BY YOU TO PASSPASS UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING ANY SUCH CLAIM.

12. Indemnification

You agree to indemnify, hold harmless, and defend PassPass, its agents, officers, directors, employees, successors, assigns, and affiliates, from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to (i) use of the Site, the Services, or Software, by you or anyone using your account; (ii) breach of the Agreement by you or anyone using your account; (iii) any information used, stored, or transmitted in connection with your account; (iv) breach of the rights of any third party, including but not limited to privacy, publicity, intellectual property, or other proprietary rights by you or anyone using your account; (v) the purchase or use of any goods or services from any third party in connection with or through the Services including, without limitation, any goods or services advertised as part of any Deals or any prizes awarded through any giveaways.

13. Monitoring and Enforcement

You acknowledge that PassPass has the right to (i) monitor your use of the Site, Software, and Services to ensure compliance with this Agreement; (ii) take any action with respect to any use of the Services that PassPass deems inappropriate in its sole discretion; (iii) take appropriate legal action, including without limitation, referral to law enforcement or disclosure of your identity, for any illegal or unauthorized actions.

14. Term and Termination

5. Term. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. The Agreement shall automatically terminate if you delete your account . In the event you terminate the Agreement before the renewal date, PassPass does not provide prorated refunds for the remainder of the then-current subscription period.

6. Termination by You. You may terminate the Agreement by deleting your account through the profile settings in the Software.

7. Termination or Suspension by PassPass. PassPass may terminate this Agreement and your account, or suspend your access (a) for any reason whatsoever by providing you with written notice to the e-mail address on file with your account; (b) upon any breach of the Agreement; or (c) if you take any actions or make any statements that PassPass deems, in its sole discretion, to be threatening, dangerous, inappropriate, or otherwise pose any harm or risk to PassPass, the Sites, the Software, or other members.

15. Governing Law 

This Agreement shall be governed by Texas law except for its conflicts of laws principles. Such proceedings shall be brought in the federal or state courts in Montgomery County, in the State of Texas and you hereby irrevocably submit to the exclusive jurisdiction of the federal and state courts located in Montgomery County, Texas in any legal suit, action, or proceeding arising out of or related to this Agreement.

This provision shall not apply to consumers who are residents of other countries that require agreements to be governed by the local laws of the consumer’s country.

16. Miscellaneous

8. Waiver. No waiver of any term, provision, or condition of the Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

9. Severability. If any provision of the Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.

10. Complete Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between you and PassPass, and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between you and PassPass.

11. Feedback. Feedback, questions, comments, requests for technical support and other communications relating to the Site or Services should be directed to [email].

17. California Residents – Civil Code Notice. 

Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

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