These Terms govern access to BestKtown (operated by BestKtown LLC) and define the legal relationship and liabilities between the Company, business members, and customer members.
1. Purpose and Definitions
These Terms of Service govern your access to and use of the BestKtown platform operated by BestKtown LLC (the “Company”).
- Service: The online marketplace and related features provided via website and mobile applications.
- Business Member: Any business entity or independent operator using listing, booking, order, and job-posting tools.
- Customer Member: Any user browsing business information, making reservations, submitting orders, or applying for jobs.
- Content: All text, images, menus, pricing, and job listings uploaded by members.
2. Acceptance and Modifications
These Terms become legally binding upon registration, business listing, or placing an order/booking. The Company reserves the right to modify these Terms. Material changes will be posted on the website or notified via email at least 7 days in advance (30 days for significant changes). Continued use after the effective date constitutes acceptance of the revised Terms.
3. Marketplace Venue & Transaction Disclaimer
1. Venue Only: BestKtown is an online communications and marketplace venue connecting customers and independent local businesses. The Company is NOT a merchant, restaurant, salon, healthcare provider, or direct employer.
2. Quality and Safety Disclaimer: All food preparation, ingredient safety (including allergies and foodborne illness), service execution, professional licensing, and warranty of work are the sole responsibility of the respective Business Member. The Company disclaims all liability arising from goods or services received from businesses.
3. Disputes between Members: The Company is not responsible for no-shows, schedule cancellations, unfulfilled orders, or refund disputes between members.
4. Registration and Security
Members must provide accurate and truthful information. You are solely responsible for maintaining the confidentiality of your login credentials. You must notify the Company immediately of any unauthorized access. The Company will not be liable for any losses caused by compromised credentials.
5. Member Content and Accuracy
Members are solely responsible for the legality and accuracy of listed prices, hours, menus, licenses, photos, and job posts. The Company does not warrant the truthfulness of user-generated content and bears no liability for misleading ads or inaccuracies.
6. Listings Compiled from Public Information
1. Basis. To provide useful coverage from launch, the Company may publish listings for businesses that have not registered themselves, compiled from openly licensed public data. Such listings are limited to information the business already publishes in order to operate: name, category, address, phone number, email, website, and location coordinates.
2. Sources and licenses. The sources and licenses of the public data we use are disclosed on our Data Sources page. The Company does not use Google Maps or Google Places data.
3. Limits on unclaimed listings. Until ownership is verified, a listing is marked unclaimed and does not accept reservations, orders, or inquiries. The Company does not create menus, prices, descriptions, or any other content on a business’s behalf without the business’s request.
3-1. Listings operated on a business’s behalf. Where a business has separately engaged the Company (a paid page-setup service and Premium subscription) and entrusted it with entering its business details, menu, prices and description and with receiving reservations and orders, the Company enters that content and receives reservations, orders and inquiries on the business’s behalf and forwards them to the business. Such content is supplied or confirmed by the business, and the business remains responsible for fulfilling reservations and orders. The Company keeps a record (time, staff member, action) of everything done on a business’s behalf, and the business may end the arrangement and take over its own account at any time.
4. No warranty of accuracy. Public data may include businesses that have closed or details that have changed. The Company does not warrant the accuracy of such listings, and users should confirm details directly with the business before visiting or transacting.
5. Correction and removal. A business owner or authorized representative may request correction, ownership transfer, or removal through Suggest an edit on the listing, our Contact Us page, or support@bestktown.com. Removal requests are honored without requiring a reason; where authorization must be verified, the listing is unpublished first and verified afterwards.
7. Listing Order and Paid Placement
1. Ranking factors. Businesses in category and regional listings are ordered by the following factors, applied in order:
- Premium subscribers — paying subscribers appear first.
- View count — how many people opened the business page. Repeat views within one visit count once.
- Listing date — newer listings appear earlier, and receive a view-count bonus for their first 30 days. This prevents newly listed businesses from being buried where they cannot accumulate views.
2. Disclosure of paid placement. Businesses placed higher through a Premium subscription are labeled “Premium”, and the ranking basis is stated above each listing. The Company does not conceal paid placement.
3. What a subscription does not change. A Premium subscription affects display order only. It does not affect whether a business appears in results at all, the content of its listing, or the handling of inquiries and reservations. Businesses without a subscription are not excluded from listings.
4. Changes. The Company may change these ranking factors and will amend this article and give notice under Article 2 when it does.
8. Employment Marketplace Disclaimer
BestKtown provides an informational listing space for employers and job seekers. The Company does not screen applicants or guarantee employment terms, wage payments, or visa compliance. All employment agreements and legal obligations are strictly between the hiring business and the applicant.
9. Prohibited Conduct
Members may not engage in fraud, false bookings, defamatory or false postings, scraping, automated data harvesting, or server abuse. The Company reserves the right to remove non-compliant content and suspend or terminate accounts immediately without prior notice.
10. Intellectual Property & DMCA Notice
Members retain ownership of their content but grant the Company a worldwide, royalty-free license to use and display it for platform operation. Where a business or user posts a photo, text, or other work belonging to someone else without authorization, the Company is not directly liable for that infringement and will expeditiously remove or disable access to the material in accordance with the Digital Millennium Copyright Act (DMCA, 17 U.S.C. §512).
DMCA Take-Down Procedure: A copyright owner or authorized agent may request removal by sending a written notice to our designated agent at support@bestktown.com that includes: (1) identification of the copyrighted work claimed to be infringed; (2) the location (e.g., URL) of the material to be removed; (3) the complainant’s contact information (name, address, phone, email); (4) a good-faith statement that the use is not authorized by the owner, its agent, or the law; and (5) a statement, under penalty of perjury, that the information is accurate and that the complainant is the owner or authorized to act on the owner’s behalf, together with a physical or electronic signature. Accounts of repeat infringers may be terminated.
11. Indemnification
You agree to defend, indemnify, and hold harmless BestKtown LLC, its owners, and agents from and against any claims, liabilities, damages, losses, and legal fees arising out of your violation of these Terms, your business operations, food safety or service disputes, or infringement of any third-party rights.
12. Limitation of Liability & Liability Cap
1. Consequential Damages: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS OR DATA.
2. Aggregate Liability Cap: IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE COMPANY EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO THE COMPANY IN THE PRECEDING SIX (6) MONTHS, OR (B) USD $100.00.
13. Governing Law, Binding Arbitration & Class Action Waiver
1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.
2. Mandatory Individual Arbitration & Venue: Any dispute arising out of these Terms shall be resolved exclusively through final and binding individual arbitration administered under the rules of the American Arbitration Association (AAA), rather than in court. The seat and venue of arbitration shall be Travis County (Austin), Texas. Any legal action or proceeding that is nonetheless permitted shall be brought exclusively in the state or federal courts located in Travis County, Texas.
3. Class Action Waiver: YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
14. Disclaimer of Warranties & Third-Party Content (AS IS)
1. Provided AS IS. The Service and all directory information it contains (business names, addresses, hours, phone numbers, menus, prices, reviews, locations, and the like) are provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by law, the Company disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and does not warrant the accuracy, completeness, or timeliness of any listing. Users should confirm details directly with the business before visiting or transacting.
2. Third-Party Content (Section 230). The Company is an interactive computer service and is not the publisher or speaker of content provided by businesses, users, or other third parties (Section 230 of the Communications Decency Act, 47 U.S.C. §230), and is not liable for such third-party content. Moderating, editing, or arranging some content does not make the Company the publisher of it.
15. Company Information & Notices
This website and Service are operated by BestKtown LLC, a Texas Limited Liability Company. You are contracting with BestKtown LLC (not with any individual). Notices and inquiries regarding these Terms and our Privacy Policy may be sent to:
BestKtown LLC
5900 Balcones Dr Ste 100
Austin, TX 78731
Email: support@bestktown.com
Effective Date
These Terms are effective beginning August 11, 2026.
