Terms of Service
Last updated: May 19, 2026
These Terms of Service ("Terms") govern your access to and use of ForkMark — the mobile app, website, beta portal, and any related services we provide (collectively, "the Service"). By creating an account or using the Service, you agree to these Terms. If you don't agree, don't use the Service.
1. Who We Are
ForkMark is operated by Tournament Sense, LLC ("we," "us," or "our"). You can reach us at support@tournamentsense.com.
2. Eligibility
You must be at least 13 years old to use the Service. By using ForkMark you represent that you are at least 13. If you're under 18, you must have a parent or legal guardian's consent. The Service is offered to users worldwide except where prohibited by law.
3. Your Account
- You're responsible for keeping your sign-in credentials secure. We recommend enabling two-factor authentication from the Profile screen in the mobile app.
- You're responsible for any activity under your account. Notify us immediately at support@tournamentsense.com if you suspect your account has been compromised.
- You agree to provide accurate information when signing up and to keep your account information up to date.
- One person, one account. Creating multiple accounts to evade limits or moderation may result in suspension.
4. Your Content
"Your Content" means anything you create or upload to the Service — journal entries, try-list items, recommendations, photos, notes, profile details, support tickets, and beta feedback.
- You own it. You retain all rights you have in Your Content. We don't claim ownership.
- You grant us a limited license. By posting Your Content, you grant us a worldwide, non-exclusive, royalty-free license to store, process, transmit, and display it solely as needed to provide the Service to you and the friends you share with. This license ends when you delete the content or your account, except for content that's already been shared with friends or that we're legally required to retain.
- You're responsible for what you post. You represent that you have the rights to everything you upload, including photos, and that Your Content doesn't violate anyone else's rights or applicable law.
5. Acceptable Use
Don't use the Service to:
- Post content that's illegal, defamatory, harassing, threatening, hateful, or that infringes intellectual-property rights.
- Upload anyone else's photos without their permission.
- Impersonate another person, business, or restaurant.
- Scrape, crawl, or use automated tools to collect data from other users.
- Probe, attack, or attempt to bypass our security, including the recommendation visibility model, friend gating, or rate limits.
- Reverse-engineer, decompile, or modify the app beyond what's permitted by applicable law.
- Use the Service to send spam, unsolicited marketing, or chain messages to other users (including via the invite-code or recommendation features).
- Submit fake or misleading restaurant reviews, recommendations, or ratings.
We may suspend or terminate accounts that violate these rules. In serious cases (illegal content, threats, fraud) we may also report to law enforcement.
6. The Friend & Recommendation Model
ForkMark is a friends-only sharing app. By using it you acknowledge:
- Your journal entries and try-list are private to you. They're never shared automatically.
- Recommendations you publish are visible only to the friends you had at the time you published them. Adding new friends later does not retroactively expose old recommendations to them.
- Defriending someone removes their access to recommendations you previously posted, and vice versa, going forward. Specifically, on defriend a server-side process strips the relevant user IDs from each affected recommendation's visibility list.
- Friend connections are mutual. Either side can request, accept, decline, or remove the friendship at any time.
7. Beta Stage Disclosure
During the beta period, the Service is provided to invited testers via TestFlight (iOS) and Google Play internal testing (Android). Beta features may be incomplete, change without notice, or be removed entirely. We may pause or end the beta at any time. You agree to provide feedback in good faith and to keep beta-only features confidential to the extent we ask you to.
Some features in the app (export, social-coming-soon items, etc.) are placeholders for future functionality. Their presence in the UI is not a guarantee that they'll ship.
8. Third-Party Services and Content
Restaurant data in Discover is provided by third parties (Foursquare Places API and OpenStreetMap). We don't control the accuracy of that data — hours, addresses, and availability change frequently. Use your best judgment when relying on it. Links to external services (Maps, social handles) are provided for convenience; we're not responsible for their content or behavior.
9. Advertising
The free tier of the mobile app displays advertisements via Google AdMob. Ads help fund ongoing development. You can limit ad personalization through your device's tracking settings (see the Privacy Policy). We don't endorse advertised products or services and aren't responsible for them.
10. Future Paid Features
We may introduce a paid tier in the future (for example, an ad-free upgrade). Pricing, billing, and refund terms for any paid features will be presented at the time of purchase and processed through Apple's or Google's billing systems under their respective terms. We will never charge you for features without your prior consent.
11. Account Termination
- By you: You can request account deletion at any time from Profile → Help & Support in the app, by signing in at forkmark.app/account, or by emailing support@tournamentsense.com. We'll remove your data within 30 days, subject to legal retention requirements (see the Privacy Policy).
- By us: We may suspend or terminate your account if you violate these Terms, if continued use creates legal risk for us, or if your account has been inactive for an extended period. Except in cases of serious abuse, we'll try to give you advance notice.
- Effect of termination: Sections 4 (license), 12 (warranties), 13 (liability), 15 (governing law), and 17 (general) survive termination.
12. No Warranties
The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory. We don't warrant that the Service will be uninterrupted, error-free, secure against all attacks, or that restaurant data will be accurate. To the maximum extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
13. Limitation of Liability
To the maximum extent permitted by law, neither ForkMark nor its operators will be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses, arising from your use of the Service. Our total cumulative liability for any claim relating to the Service won't exceed the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) USD $50.
Some jurisdictions don't allow these limitations, so they may not apply to you. In that case, our liability is limited to the smallest extent permitted by applicable law.
14. Indemnification
You agree to defend and indemnify ForkMark and its operators against any claims, damages, or expenses (including reasonable attorneys' fees) arising from (a) Your Content, (b) your violation of these Terms, or (c) your violation of any law or third-party rights.
15. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of New Hampshire, United States, without regard to conflict-of-laws principles. Any dispute arising from these Terms or the Service will be resolved in the state or federal courts located in Rockingham County, New Hampshire, and you consent to the personal jurisdiction of those courts.
16. Changes to These Terms
We may update these Terms from time to time. The updated version will be posted here with a revised "Last updated" date. For material changes we'll also notify you in the app or by email. Continued use of the Service after changes constitutes acceptance.
17. General
- Entire agreement: These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service.
- Severability: If any provision is found unenforceable, the rest remain in effect.
- No waiver: Our failure to enforce any provision isn't a waiver of our right to enforce it later.
- Assignment: You may not assign these Terms without our consent. We may assign them as part of a merger, acquisition, or sale of assets.
- Headings: Headings are for convenience only and don't affect interpretation.
18. Contact
Questions about these Terms? Email support@tournamentsense.com.