SIPSCIENCE TERMS OF SERVICE
Date: April 16, 2020
These Terms of Service (“Terms of Service”) are a legal agreement between you (“you”, “your”) and CC App Holdings, Inc. dba SipScience (“SipScience”, “SS”, “we”, “our”) governing your use of SipScience’s mobile application (the “App”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the App (collectively, “Content”). We may, at our discretion, change, add, or delete portions of these Terms of Service at any time without prior notice. We will notify you of any material changes made to these Terms of Service through a notification in the App.
YOU AGREE THAT BY USING THE APP, YOU REPRESENT THAT YOU ARE 21 YEARS OR OLDER AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
Your use of the App is also governed by the applicable current end user license agreement which is made available through the third party distributor (such as the Apple App Store or Android Market) with the understanding that if there is conflict between any provision in these Terms of Service and the end user license agreement, the conflicting provision in these Terms of Service will prevail.
Please read these Terms of Service carefully. By accessing, viewing, using, or browsing the App, you agree to be bound by these Terms of Service. You agree that each time you use the App, you will be subject to the Terms of Service current as of the time of use. Continued use of the App will constitute a confirmation that you have read, accepted, and agreed to be bound by the current version of the Terms of Service. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, DO NOT USE THE APP.
THE APP: SipScience is a data aggregation company that helps you have a better experience when purchasing alcohol at bars and restaurants. Non-Subscription Users can use the App to locate bars and other venues. For those users who pay a monthly fee (“Subscription Users”), you receive virtual drink tokens to use at an associated venue of your choice to gain discounts on drinks at those venues and you can use the App to settle your bill with the participating venue, including any tip and taxes. In these Terms of Service, we may refer to Non-Subscription Users and Subscription Users collectively as “Member Customers”
YOUR MEMBER ACCOUNT: You must create an account in order to use the App. To create an account you must provide complete and accurate information, including a valid credit card, and you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify us immediately of any unauthorized use of your account, user name, or password. We will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. We will assume that anyone using the App or transacting through your account is you and you are solely responsible for any activity that occurs under your account. Your account is non-transferable. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
OWNERSHIP: You understand and acknowledge that the App and all content on the App are proprietary to SipScience or its licensors. When you use the App: (i) SipScience grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the App pursuant to these Terms of Service; and (ii) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, products, or services obtained from or through the App without the express permission of SipScience. All trademarks and logos are owned by SipScience or our licensors and you may not copy or use them in any manner.
YOUR USE OF THE APP: You agree that your use of the App is subject to applicable local, state, and federal laws and regulations. Additionally, you represent to us each time you use the App:
- You have reached the legal drinking age in the United States;
- You will not use the App to purchase alcoholic beverages unless you can present a valid, government issued photo I.D. verifying your age;
- You are not incapacitated;
- Any purchases are for your consumption only or a person accompanying you who has reached the legal drinking age in the United States and can present a valid, government issued photo I.D. verifying such person’s age; and
- You will not use the App for illegal purposes
TERMINATION OR SUSPENSION OF ACCOUNT: SipScience reserves the right to terminate your account if you violate these Terms of Service. In addition, if you are reported by the venue to have engaged in excessive drinking, belligerent behavior, or behavior that is harmful or offensive to others, including but not limited to venue patrons or staff, SipScience reserves the right to suspend or terminate your account. You may terminate, or temporarily suspend, your own account, or reactivate an account that has been suspended, by contacting SipScience at [firstname.lastname@example.org].
SIPSCIENCE CREDITS. From time to time, and in our sole discretion, SipScience may offer you drink credits. These credits are not redeemable for cash or cash equivalents, are non-transferable, and may not be applied to prior purchases.
ACCESS TO THE APP. SipScience retains the right in our sole discretion, to deny service or use of the App at any time and for any reason. While we use reasonable efforts to keep the App and your account available, the App and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in the access to, and functionality of, the App. These interruptions may be within out control, such as for routine maintenance, or outside of our control, such as in the event of a force majeure.
FEES; PAYMENTS; MEMBERSHIP:
- You may use the App to purchase beverages at participating venues, but in order to take advantage of SipScience discounts you must pay a subscription fee. You hereby authorize SipScience and its merchant provider(s) to charge your credit card in advance for all applicable fees and charges incurred by you or on your behalf in connection with your use of the App. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of your account by you or anyone else using your account.
- SipScience reserves the right to change the amount of, or basis for determining, any fees or charges for services it provides, and to institute new fees, charges, or terms at any time. We will post a notification on the App of any changes to the membership fees.
- If you cancel your membership, any member fees paid will not be refunded. You will still be obligated to pay any other charges incurred using the App – if you have a balance due on your account, you agree that SipScience can charge these unpaid fees to your credit card.
- Your membership will be automatically renewed. The renewal charge shall be equal to the original sign-up price, unless otherwise notified in advance by us to you (whether directly by email or by notification via the App). If you wish to cancel your membership, email [email@example.com].
- Your right to use the App to purchase items at a participating venue is subject to any expenditure limits established by your credit card issuer. If payment cannot be charged to your credit card or your charge is returned for any reason, including chargeback, SipScience reserves the right to either suspend or terminate your access to the App and your account.
- If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your user name, password, or any credit, debit, or charge card number stored), notify SipScience immediately to avoid possible liability for any unauthorized charges to your account.
- It is your responsibility to notify SipScience if your credit card has changed or has expired and to make appropriate changes or your service may be disconnected or interrupted.
[USER CONTENT: You grant SipScience a license to use any materials you post to the App. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the App, you are granting SipScience, our affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the business of SipScience, our affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that we may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the App, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.]
[COPYRIGHT INFRINGEMENT: SipScience will immediately suspend or terminate your use of the App if there is an allegation or finding of infringement of the rights of SipScience or of a third party, or a violation of any intellectual property laws or regulations. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want SipScience to delete, edit, or disable the material in question, you must provide us with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SipScience to locate the material; (d) information reasonably sufficient to permit SipScience to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to our designated agent at: [name, title, address, email].]
Referrals to SipScience
After a Referral is submitted to SipScience, through the Sipscience referral link provided to the referrer (you). SipScience will use commercially reasonable efforts to enter into contracts with Referrals within the applicable time-period stated below. In the event the Referral signs a contract with SipScience within thirty (30) days from the date the Referral was received by SipScience, such Referral(s) shall be referred to herein as a “Referred Customer”. Thereafter, during the Term of this Agreement, and provided the conditions set forth herein are met, Venue shall be entitled to receive a Commission as set forth herein. For avoidance of doubt, a Referred Customer shall not include: (i) existing customers and/or prospects of SipScience, or (ii) if SipScience has already had contact with the prospective customer. SipScience reserves the right to reject any Referral in SipScience’s sole and absolute discretion.
Compensation: the referrer shall be entitled to receive a single, one-time fee in the amount of one thousand dollars ($1000.00) for each Referred Customer that has a “Go-Live” date within one (1) year from the date SipScience received the Venue Referral Form. Notwithstanding anything herein to the contrary, the Commission shall be “earned” only if each of the following conditions are met: (1) the Referred Customer has entered into the applicable agreements with SipScience in a form acceptable to SipScience within thirty (30) days of SipScience’s receipt of the Referral; (2) the Referred Customer’s first initial location has been using SipScience products and services in a live production environment for a minimum of hundred and twenty (120) days;
DISCLAIMER OF WARRANTY: SIPSCIENCE HEREBY DISCLAIMS ALL WARRANTIES. SIPSCIENCE IS MAKING THE APP AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE APP. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIPSCIENCE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE APP, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SIPSCIENCE DOES NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITED LIABILITY: SIPSCIENCE’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SIPSCIENCE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY SIPSCIENCE. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
ASSIGNMENT: You may not assign these Terms of Service, or any rights, benefits, or obligations hereunder without express permission of SipScience.
GOVERNING LAW: These Terms of Service are governed by and shall be interpreted in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. Any action to enforce a party’s rights hereunder may only be brought in the State and Federal courts located in the City of New York, New York, and each party irrevocably consents to this jurisdiction and will not assert a claim that this is an inconvenient forum. The prevailing party in any actions will be entitled to an award or reimbursement of its reasonable fees and costs including attorneys’ fees.
COPYRIGHT: All contents of the App are: Copyright © 2020 CC Holdings, Inc. dba SipScience.