Last updated: [DATE] Operator: [LEGAL ENTITY NAME], a [STATE] [entity type] ("BrewTrails") Contact: [SUPPORT EMAIL]
These Terms of Use ("Terms") form a binding agreement between you and [LEGAL ENTITY NAME] ("BrewTrails", "we", "us", "our") governing the BrewTrails mobile application, website, and related services (together, the "App").
By creating an account or using the App you accept these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the App.
The App is intended solely for people of legal drinking age in the United States. You represent and warrant that you are at least 21 years old and legally permitted to use the App where you are.
We collect your date of birth at sign-up and refuse accounts under 21. Supplying a false date of birth is a material breach and grounds for immediate termination. We do not knowingly collect information from anyone under 21; if you believe we have, contact [SUPPORT EMAIL] and we will delete it.
BrewTrails helps you discover breweries, plan routes ("trails") between them, record visits, rate beers, and — for verified owners — manage a listing. It is an information and planning tool.
BrewTrails is not, and does not hold itself out as:
Nothing in the App is a determination that you are safe or legal to drive. The App does not measure, estimate, infer, or track your blood alcohol content, impairment, tolerance, or fitness to operate a vehicle or machinery.
Features that suggest arranging a ride — including any prompt shown after multiple check-ins in a day — are fixed convenience reminders. They are triggered by counting check-ins, not by any assessment of your condition. They may not appear when you would benefit from one, may appear when you do not need one, and their absence carries no meaning whatsoever. Never treat the presence or absence of any prompt, message, or feature as information about your fitness to drive.
Never drive after drinking. You alone are responsible for what you consume, how you behave, and how you travel.
You agree that:
Distances, durations, routes, and arrival estimates are approximations derived from third-party map data. They may be inaccurate, out of date, or unsuitable for conditions, your vehicle, or your circumstances.
The App can hand you off to third-party services, including Uber, to arrange transport. This is a link, not a booking made by us.
You acknowledge and agree:
5.1 We do not provide transportation. We do not own, operate, control, employ, screen, vet, train, insure, supervise, dispatch, or endorse any driver, vehicle, or transportation provider.
5.2 The provider's terms govern. Once you leave the App your relationship is with that provider (for example, Uber Technologies, Inc.) under their terms and privacy policy. We are not a party to that contract and have no ability to intervene in it.
5.3 Drivers are not our agents. No driver and no transportation company acts on our behalf, under our direction, or as our partner, agent, employee, or joint venturer.
5.4 We are not responsible for the ride, including without limitation: the conduct, competence, sobriety, identity, licensing, insurance, immigration status, or criminal history of any driver or passenger; the condition, maintenance, safety, or roadworthiness of any vehicle; route selection; delays, cancellations, no-shows, wait times, surge or other pricing, fees, tips, or refunds; accidents, collisions, injury, death, illness, assault, harassment, discrimination, theft, or damage to property; lost items; or any dispute between you and a provider or driver.
5.5 Destinations may be wrong. The App passes a destination — your saved home address, or one you type — to the provider. Address lookup (geocoding) can resolve to the wrong place, and coordinates can be imprecise. You are responsible for confirming the pickup and drop-off inside the provider's own app before you travel.
5.6 Availability is not guaranteed. A ride may be unavailable, unaffordable, or slow in your area, at that hour, or at all. Do not rely on the App to ensure you can get home. Plan your transport before you drink.
5.7 Release. To the fullest extent permitted by law, you release BrewTrails from all claims, demands, and damages arising out of transportation arranged through a third party. Any such claim is between you and that provider.
Brewery details — hours, addresses, phone numbers, websites, tap lists, specials, amenities, accessibility, and whether a business is open or still exists — come from public data sources, brewery owners, and other users. We do not verify it. It may be inaccurate, incomplete, stale, or wrong.
Confirm before you travel. Do not rely on the App to establish that a brewery is open, serving, reachable, or suitable for you.
A "verified owner" badge means someone submitted documentation that a person reviewed at a point in time. It is not a warranty of that person's identity, authority, or anything they subsequently publish.
Some features use your device's location, including in the background if you permit it — for example, detecting arrival at a stop on a trail. Location accuracy depends on your device, network, and surroundings, and is frequently poor indoors.
You may revoke location access at any time in iOS Settings; features that depend on it will stop working. How location is collected, used, and retained is described in our Privacy Policy.
You are responsible for your account, your credentials, and all activity under it. Keep your password confidential. Notify us promptly at [SUPPORT EMAIL] if you suspect unauthorised use.
You may delete your account at any time in Settings. Deletion is permanent.
You retain ownership of content you submit — check-in comments, photos, ratings, brewery information, and messages ("Your Content").
You grant us a non-exclusive, worldwide, royalty-free, sublicensable licence to host, store, reproduce, adapt for display, and distribute Your Content solely to operate, secure, and improve the App and to display it to the audience you have chosen through your privacy settings. This licence ends when you delete the content or your account, except for copies retained in backups for a limited period, and except where others have already lawfully saved or shared it.
You represent that you own or have the rights to Your Content and that it does not infringe anyone's rights.
You will not:
We may remove content, and suspend or terminate accounts, for breach.
If you claim a listing you represent that you are authorised to act for that business and that every document you submit is genuine, current, and lawfully yours to provide. You consent to our review of those documents as described in the Privacy Policy, including review by automated systems and by our staff.
We may approve, refuse, revoke, or reverse any claim at our discretion. You are solely responsible for content you publish as an owner — including hours, specials, and any offer or representation you make to customers — and for its accuracy and legality.
The App, its design, software, and content (excluding Your Content and third-party marks) are owned by BrewTrails and protected by intellectual property law. We grant you a limited, revocable, non-exclusive, non-transferable licence to use the App for personal, non-commercial purposes under these Terms. All rights not expressly granted are reserved.
Third-party names and logos appearing in the App remain the property of their owners and are used only to identify their services.
If you believe content in the App infringes your copyright, contact [SUPPORT EMAIL] with the information required by 17 U.S.C. § 512(c)(3). We will respond appropriately, including removing content and terminating repeat infringers.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that the App will be uninterrupted, secure, timely, or error-free; that data in it is accurate or current; that defects will be corrected; or that any ride, brewery, route, or third-party service will be available or satisfactory.
Some jurisdictions do not permit the exclusion of certain warranties, so parts of this section may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW:
(a) BrewTrails will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or business interruption, arising out of or relating to the App, on any theory of liability, even if advised of the possibility.
(b) BrewTrails will not be liable for injury, death, illness, property damage, arrest, citation, fine, or other loss arising out of: your consumption of alcohol; your decision to drive or otherwise travel; the acts or omissions of any third party, including transportation providers, drivers, breweries, venues, or other users; your presence at or travel to any location; or reliance on any information in the App.
(c) BrewTrails' total aggregate liability for all claims relating to the App will not exceed the greater of (i) amounts you paid us in the twelve months preceding the claim, or (ii) one hundred US dollars ($100).
(d) Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited — including, where applicable, liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for gross negligence or wilful misconduct.
(e) If any part of this section is held unenforceable, that part is severed and the remainder continues in full force. These limitations apply even if a limited remedy fails of its essential purpose, and reflect an agreed allocation of risk that is a basis of this agreement.
You will indemnify, defend, and hold harmless BrewTrails and its officers, directors, employees, and agents from any claim, demand, loss, liability, damage, or expense (including reasonable legal fees) arising out of: your use of the App; Your Content; your breach of these Terms; your violation of any law; your infringement of any third party's rights; or any injury or damage caused by you or anyone travelling with you.
You acknowledge that these Terms are between you and BrewTrails only, not Apple. Apple has no obligation to provide maintenance or support for the App. If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation. Apple is not responsible for addressing any claim relating to the App, including product liability, regulatory non-compliance, or consumer protection claims. Apple is not responsible for investigating or resolving third-party intellectual property claims relating to the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
You represent that you are not located in a country subject to a US embargo or designated as terrorist-supporting, and are not on any US list of prohibited or restricted parties.
We may modify, suspend, or discontinue any part of the App at any time. We may amend these Terms; if a change is material we will give reasonable notice in the App or by email before it takes effect. Continued use after the effective date constitutes acceptance. If you do not accept, stop using the App and delete your account.
You may stop using the App and delete your account at any time. We may suspend or terminate your access for breach of these Terms, for conduct that risks harm to others, or where required by law.
Sections 5, 9 (as to licences already granted), 12, 14, 15, 16, 17, 20, and 21 survive termination.
These Terms are governed by the laws of the State of [STATE], excluding its conflict-of-laws rules. [VENUE AND DISPUTE-RESOLUTION CLAUSE — to be settled with counsel, including whether to adopt an arbitration agreement and class-action waiver.]
Severability. If any provision is unenforceable, it is modified to the minimum extent necessary or severed, and the rest remains in effect.
No waiver. Failure to enforce a provision is not a waiver of it.
Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.
Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the App.
Force majeure. We are not liable for failure to perform due to causes beyond our reasonable control.
Notices. We may notify you in the App or at your account email. Notices to us go to [SUPPORT EMAIL].
[LEGAL ENTITY NAME] [ADDRESS] [SUPPORT EMAIL]
