Terms of Service

• "Company," "We," "Us," or "Our" refers to BarBud Inc., the provider of the Service.
• "Service" means the BarBud platform, accessible via https://barbud.app, including all features, tools, and content provided therein.
• "User," "You," or "Your" refers to the individual accessing or using the Service, or the company or legal entity on behalf of which such individual is accessing or using the Service.
• "User Content" means any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links, and other content or materials that you submit, post, or display on or via the Service.
• "Subscription" refers to the paid plan that grants access to specific features of the Service for a specified period.

By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

If you do not agree to these Terms, you may not access or use the Service.

BarBud is a Software as a Service (SaaS) platform designed to assist with bar operations, including inventory management, sales tracking, staff scheduling, and recipe management.

Nature of Service: The Service is a productivity tool. While we strive for accuracy, the Service is not a substitute for professional legal, financial, or tax advice. You are responsible for verifying the accuracy of any outputs, particularly those related to financial reporting and compliance.

Modifications: We reserve the right to modify, suspend, or discontinue strictly any part of the Service at any time, with or without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

To access certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during the registration process.
• Maintain and update your information to keep it accurate, current, and complete.
• Protect your password and not share it with any third party.
• Immediately notify us of any unauthorized use of your account.

You are solely responsible for all activities that occur under your account. BarBud will not be liable for any loss or damage arising from your failure to comply with this section.

Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms as we may update them from time to time.

Billing

We use a third-party payment processor (e.g., Stripe) to bill you through a payment account linked to your account on the Service. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor.

Automatic Renewal

Subscriptions automatically renew for the same subscription period unless you cancel the subscription before the end of the current subscription period. You authorize us to collect the applicable subscription fee and any taxes using any credit card or other payment mechanism we have on record for you.

Refunds

Except as required by law, paid subscription fees are non-refundable.

You retain all rights and ownership in your User Content. We do not claim any ownership rights in your User Content.

By submitting User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content in connection with operating and providing the Service.

You represent and warrant that: (i) you own the User Content posted by you on or through the Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

Compliance with Laws: You acknowledge that the sale and service of alcohol are subject to strict local, state, and federal laws. BarBud is a management tool and does not provide legal advice regarding compliance. You are solely responsible for ensuring your business operates in accordance with all applicable laws, including but not limited to:

• Verifying the age of customers (ID checks).
• Not serving intoxicated persons.
• adhering to licensing hours and conditions.
• Maintaining proper tax records.

BarBud disclaims any liability for your failure to comply with applicable laws or regulations.

The Service includes features powered by Artificial Intelligence (AI), including but not limited to sales forecasting, recipe generation, and chat assistance.

No Guarantee of Accuracy: AI models can produce "hallucinations" or inaccurate information. You should independently verify any AI-generated content, especially regarding:

• Financial Forecasting: Predictions are estimates based on historical data and may not reflect future reality.
• Recipes: Ensure ingredients and measurements are safe and appropriate.
• Legal/Compliance Advice: The AI is not a lawyer. Do not rely on it for legal compliance.

You assume full responsibility for any decisions made based on AI-generated outputs.

You agree not to engage in any of the following prohibited activities:

• Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping."
• Using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service.
• Transmitting spam, chain letters, or other unsolicited email.
• Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service.
• Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure.
• Uploading invalid data, viruses, worms, or other software agents through the Service.
• Collecting or harvesting any personally identifiable information, including account names, from the Service.
• Using the Service for any commercial solicitation purposes.
• Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity.
• Interfering with the proper working of the Service.
• Accessing any content on the Service through any technology or means other than those provided or authorized by the Service.
• Bypassing the measures we may use to prevent or restrict access to the Service.

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of BarBud Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of BarBud Inc.

The Service may contain links to third-party websites or services that are not owned or controlled by BarBud. BarBud has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that BarBud shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BARBUD OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, BARBUD, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BARBUD INC., ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BARBUD INC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL BARBUD INC., ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO BARBUD HEREUNDER OR THE AMOUNT YOU PAID TO BARBUD HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

You agree to defend, indemnify and hold harmless BarBud Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code.

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by binding arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of one arbitrator. The place of arbitration will be New York, NY. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

No Class Actions: You agree that you may resolve disputes with us only on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

If you have any questions about these Terms, please contact us.

• Email:legal@barbud.app
• Support:Help Center