SeaSpice Rooftop Club
TERMS OF USE
Effective Date: May 2026
Last Updated: May 2026
These Terms of Use ("Terms") govern your access to and use of the website located at [seaspice.com] (the "Site"), the in-person dining and event experience at SeaSpice Rooftop Club (the "Venue"), and any related membership programs, including "Captain's Crew" and "The Locals" (collectively, the "Services") operated by Gusto Group USA ("Company," "we," "us," or "our").
BY USING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.
PLEASE READ SECTIONS 14 (LIMITATION OF LIABILITY), 15 (INDEMNIFICATION), AND 16 (DISPUTE RESOLUTION / ARBITRATION) CAREFULLY. THEY LIMIT OUR LIABILITY TO YOU AND AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT IN COURT.
1. Eligibility
You must be at least 21 years of age to use the Services, sign up for any membership program, or visit the Venue. By using the Services, you represent and warrant that you are 21 or older. The Venue serves alcoholic beverages and complies with the Texas Alcoholic Beverage Code; valid government-issued identification may be required at any time.
2. The Services
The Services include but are not limited to:
• Information about the Venue, menus, events, and operations
• Online reservation requests, gift card purchases, merchandise sales
• The Captain's Crew loyalty program (open to anyone, operated through our point-of-sale provider)
• The Locals membership program (by invitation, operated through a membership platform)
• Private event and rooftop buyout inquiries
• Email and SMS communications related to the foregoing
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.
3. Account Registration
Certain features require account creation. You agree to:
• Provide accurate, complete, and current information
• Maintain and promptly update your information
• Keep your login credentials confidential and secure
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities under your account
We reserve the right to suspend or terminate any account at our discretion, including for violations of these Terms, fraudulent activity, abusive conduct, or for any reason we deem necessary to protect the Services, our staff, or other members.
4. Captain's Crew Loyalty Program
Captain's Crew is a free loyalty program open to anyone who signs up. By enrolling, you agree to the following additional terms:
• Membership benefits, point values, and reward thresholds are subject to change at any time without notice
• Points have no cash value and are not transferable, refundable, or redeemable for cash
• Unused points may expire according to our then-current program rules
• The "birthday bottle" (complimentary champagne) is available once per calendar year, on the date of your birthday, subject to in-person redemption and applicable laws (you must be 21+ and may be required to show ID)
• Special perks (such as the captain's hat photograph) are voluntary; participation is at your discretion
• We reserve the right to modify, suspend, or terminate the program at any time
• Fraudulent, abusive, or excessive use may result in forfeiture of points and termination of program participation
5. The Locals Membership Program
The Locals is a free, invitation-based membership program for individuals who live or work near the Venue. By applying or accepting an invitation, you agree to:
• Provide truthful and accurate verification documentation (such as a business card, work email, LinkedIn profile, proof of address, paystub, or photograph in uniform)
• Use your membership solely for your personal, non-commercial benefit
• Acknowledge that membership is offered at our sole discretion and may be revoked for misuse, providing false information, disruptive conduct, or any other reason we deem appropriate
• Understand that benefits (including but not limited to the lunch member rate, complimentary espresso, Members' Happy Hour, no-fee private events, and enamel pin) are non-transferable and may be modified or discontinued at our discretion
• Bring only one (1) guest to Members' Happy Hour unless otherwise specified
• Treat the enamel pin as a token of membership; replacements are not provided
Misrepresentation in your application is grounds for immediate termination of membership.
6. Reservations, Cancellations, and Events
Reservation, cancellation, and no-show policies are posted at the time of booking via our reservation partner (Resy) or in our private events contract. These may include:
• Cancellation deadlines, after which fees may apply
• Credit card holds or deposits for large parties or special eventsNo-show fees for missed reservations
• Specific terms for private events, buyouts, or ticketed dinners
Locals members enjoy no booking fees on private events and rooftop buyouts as described in the Services, but remain subject to all applicable cancellation and event terms.
7. Conduct at the Venue
As a condition of access to the Venue, you agree to:
• Comply with applicable laws, including Texas law on alcohol service and consumption
• Treat our staff and other guests with respect
• Follow our dress code (if any) and Venue rules
• Comply with reasonable instructions from management
• Refrain from disruptive, abusive, illegal, or dangerous behavior
We reserve the right to refuse service or remove any guest who violates these standards or behaves in a manner inconsistent with the Venue atmosphere, without refund or compensation.
8. Responsible Alcohol Service
The Venue serves alcoholic beverages and complies with the Texas Alcoholic Beverage Code. We reserve the right, in our sole discretion, to:
• Require valid government-issued identification
• Refuse to serve any person we believe to be intoxicated, underage, or otherwise unfit to consume alcohol
• Refuse to serve any person without stated reason
• You are responsible for your own consumption and for arranging safe transportation. Please drink responsibly.
9. Purchases, Merchandise, and Gift Cards
All purchases (including merchandise, gift cards, and event tickets) are subject to the terms and pricing displayed at the time of purchase. Unless otherwise stated:
• All sales are final
• Gift cards do not expire (consistent with Texas law) but are not refundable for cash unless required by law
• Promotional codes (such as the 20% member discount) may be subject to additional terms or limitations
• Prices and availability are subject to change without notice
Payments are processed by Stripe and are subject to Stripe's terms.
10. Intellectual Property
All content on the Site and at the Venue — including the SeaSpice Rooftop Club name, logo, the rooftop club seal, illustrations (octopus, fish, squid, and other marine engravings), photographs, menus, videos, copy, design elements, and all other materials — is the property of Gusto Group USA or its licensors and is protected by U.S. and international intellectual property laws.
You may not copy, reproduce, distribute, modify, publicly display, perform, or create derivative works of any such content without our prior written permission, except for personal, non-commercial use of the Site as intended.
Any trademarks, service marks, and trade names used in connection with the Services are the property of their respective owners.
11. User Content
If you submit any content (reviews, photos, comments, social media posts tagging us, etc.) to or about the Services ("User Content"), you grant us a non-exclusive, worldwide, royalty-free, perpetual, transferable, sublicensable license to use, reproduce, modify, adapt, publish, and display the User Content in connection with our business, in any media, with attribution at our discretion.
You represent that you own or have the necessary rights to grant this license, that the User Content does not infringe any third party's rights, and that it is accurate and not misleading.
We reserve the right to remove any User Content at any time, for any reason.
12. Prohibited Uses
You agree not to:
• Use the Services for any unlawful purpose or in violation of these Terms
• Submit false, misleading, or fraudulent information
• Impersonate any person or misrepresent your affiliation
• Interfere with or disrupt the Site, its servers, or its network
• Attempt to gain unauthorized access to any portion of the Services
• Use any robot, scraper, or automated means to access the Site
• Reverse engineer or attempt to extract the source code of the Site
• Use the Services to send spam, unsolicited messages, or malicious content
• Use the Services in any manner that could damage, disable, or impair the Services or interfere with any other party's use
13. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT INFORMATION ON THE SITE IS ACCURATE OR COMPLETE.
MENUS, PRICES, EVENTS, AND VENUE INFORMATION ARE SUBJECT TO CHANGE WITHOUT NOTICE. IF YOU HAVE A FOOD ALLERGY OR DIETARY RESTRICTION, PLEASE NOTIFY OUR STAFF; WHILE WE MAKE REASONABLE EFFORTS TO ACCOMMODATE, WE CANNOT GUARANTEE A 100% ALLERGEN-FREE ENVIRONMENT.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GUSTO GROUP USA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. Indemnification
You agree to indemnify, defend, and hold harmless Gusto Group USA, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or related to:
• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your User Content
• Your conduct at the Venue
16. Dispute Resolution and Arbitration
16.1 Informal Resolution. Before filing a claim, you agree to try to resolve the dispute informally by contacting us at hello@gustogroupusa.com. We will attempt to resolve the dispute by communicating with you in good faith. If we cannot resolve the dispute within 60 days, either party may proceed as set forth below.
16.2 Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that is not resolved informally shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in Bexar County, Texas, unless we agree otherwise. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.
16.3 Class Action Waiver. YOU AND COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH PARTIES AGREE IN WRITING, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
16.4 Exceptions. Notwithstanding the above, either party may (a) bring an individual action in small-claims court, (b) seek injunctive or equitable relief for intellectual property infringement, and (c) pursue claims for unauthorized access or misuse of the Services.
16.5 Opt-Out. You may opt out of arbitration within 30 days of first accepting these Terms by emailing us at the address above with the subject line "Arbitration Opt-Out" and including your full name and contact information
17. Governing Law and Venue
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law principles. Subject to the arbitration provision above, any action arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in Bexar County, Texas, and you consent to the jurisdiction and venue of such courts.
18. Termination
We may suspend or terminate your access to the Services, including any membership account, at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, your right to use the Services will cease immediately. Provisions that by their nature should survive termination (including intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution) shall survive.
19. Changes to These Terms
We may update these Terms from time to time. The updated Terms will be posted at this URL with a new "Last Updated" date. Material changes will be communicated by email or posted prominently on the Site. Your continued use of the Services after the updated Terms take effect constitutes acceptance. If you do not agree, you must stop using the Services.
20. Miscellaneous
20.1 Entire Agreement. These Terms, together with the Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Company regarding the Services.
20.2 Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.
20.3 No Waiver. Our failure to enforce any provision will not constitute a waiver of that provision or any other.
20.4 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms freely.
20.5 Force Majeure. We will not be liable for failure or delay in performance due to causes beyond our reasonable control, including acts of God, pandemics, natural disasters, government actions, labor disputes, or utility failures.
20.6 Notices. Notices to us must be sent to hello@gustogroupusa.com or to the mailing address below. Notices to you may be sent to the email address associated with your account.
20.7 Contact Information.
Gusto Group USA
d/b/a SeaSpice Rooftop Club
1900 Broadway STE 500, San Antonio, TX 78215
Email: hello@gustogroupusa.com
