Bar Savvy
Bar Savvy
Terms
Effective Date: February 3, 2025
PLEASE READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY BEFORE USING THE BAR SAVVY WEBSITE AND SERVICES ("SERVICE"). BY ACCESSING OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, PLEASE DO NOT USE OUR SERVICE.
1.1 Business Description.
Bar Savvy, Inc ("Company," "we,", "Bar Savvy", "us," or "our") provides a software-as-a-service (SaaS) platform that processes alcohol sales data sourced from the Texas Alcoholic Beverage Commission (TABC) and other publicly available, legally accessed sources. We clean, organize, and enhance this data by associating it with additional metadata to present a user-friendly interface. Our platform operates in the software industry.
1.2 Scope.
These Terms govern your access to and use of our Service, including any content, functionality, and services offered on or through our website.
2.1 Account Registration.
Users must create an account to access our Service.
You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account.
You agree to provide accurate and complete information when registering and to update your information as necessary.
2.2 Subscription Model.
Our Service is offered on a subscription basis with options for monthly or annual memberships.
Payments are processed securely through Stripe.
All subscription fees are non-refundable. No refunds, warranties, or guarantees are provided for any subscription or service.
2.3 User-Generated Content and Forum.
Our Service includes a forum feature where users may post comments related to establishments.
No other types of user-generated content are permitted.
We reserve the right to remove any content that violates these Terms or is otherwise objectionable.
2.4 Acceptable Use.
You agree to use our Service in compliance with all applicable laws and these Terms.
Prohibited activities include, but are not limited to, unauthorized data scraping (especially bypassing our paywall), reselling or repackaging our data, and any activity that could harm the operation of our Service or the experience of other users.
Any violation of these acceptable use provisions may result in immediate termination of your account.
3.1 Data Collection.
We collect certain user data to provide and improve our Service, which may include:
Watchlists created by users.
Geographic neighborhoods drawn by users.
Metadata related to user navigation and preferences on the site.
By using our Service, you consent to such data collection in accordance with our Privacy Policy (which is incorporated herein by reference).
3.2 Global Access and Compliance.
Our website is accessible worldwide. Although we are based in the United States, you are responsible for compliance with local laws regarding online conduct and acceptable content.
We commit to complying with relevant privacy and data protection laws applicable to our operations.
4.1 Ownership.
All intellectual property rights in our software platform, curated datasets, and any related content are owned by Bar Savvy, Inc or its licensors.
The raw data provided by external sources (including the State of Texas) remains the property of those respective sources. We do not alter the substance of this data.
4.2 Restrictions on Use.
You may not reproduce, distribute, display, modify, create derivative works of, or otherwise exploit any portion of our Service, except as expressly permitted by these Terms or with our prior written consent.
You are expressly prohibited from:
Scraping data past our paywall.
Reselling or repackaging our data in any form.
Using our data for any purpose other than personal use.
5.1 Disclaimer of Warranties.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE DATA OR INFORMATION PROVIDED IS ACCURATE, COMPLETE, OR RELIABLE. THE RAW DATA IS SOURCED FROM EXTERNAL GOVERNMENT AGENCIES (INCLUDING TABC), AND WHILE WE MAKE EFFORTS TO PRESENT THE INFORMATION ACCURATELY, WE DO NOT MODIFY ITS SUBSTANCE OR GUARANTEE ITS ACCURACY.
5.2 Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BAR SAVVY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE SIX (6) MONTH PERIOD PRECEDING THE CLAIM.
6.1 Termination by You.
You may terminate your account at any time by following the instructions provided on the Service. However, termination does not entitle you to any refund of fees.
6.2 Termination by Us.
We reserve the right to suspend or terminate your account immediately, without notice or liability, for any reason, including, without limitation, breach of these Terms or engaging in prohibited activities.
6.3 Effect of Termination.
Upon termination, your right to use the Service will immediately cease, and all data associated with your account may be deleted in accordance with our data retention policies.
7.1 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.
Notwithstanding that our company is registered in Delaware, any legal disputes arising out of or relating to these Terms or the Service shall be subject to Texas law.
7.2 Arbitration.
Any dispute, claim, or controversy arising out of or in connection with these Terms or your use of the Service shall be resolved by final and binding arbitration, rather than in court, except as otherwise provided by law.
The arbitration will be conducted in accordance with the rules of a recognized arbitration body, and the venue for arbitration shall be Austin, Texas.
8.1 Third-Party Links.
Our Service may contain links to third-party websites or resources that are not owned or controlled by us.
We are not responsible for the availability or content of these third-party websites or resources, and your use of any third-party websites is at your own risk.
8.2 Payments and Services.
All payments processed via Stripe are subject to Stripe's own terms and conditions. By using our Service, you agree to also be bound by Stripe’s terms.
9.1 Changes.
We reserve the right to modify or update these Terms at any time in our sole discretion.
If we make material changes, we will notify you by posting the updated Terms on our website and updating the effective date above. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.
10.1 Entire Agreement.
These Terms, together with our Privacy Policy and any other legal notices published on our Service, constitute the entire agreement between you and Bar Savvy regarding your use of the Service.
10.2 Severability.
If any clause, phrase, provision or portion of this Terms and Conditions or Agreement thereof, to any person or circumstance shall be invalid or unenforceable under applicable Law, such event shall not affect, impair or render invalid or unenforceable the remainder of this agreement nor any other clause, phrase, provision or portion hereof, nor shall it affect the application of any clause, phrase, provision or portion hereof to other persons or circumstances.
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