Terms of Service

1. Acceptance of Terms

By creating an account on Spiritus ("the Service," "we," "us," "our"), or by accessing or using the Service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service. Your continued use of the Service after any modifications to these Terms constitutes acceptance of those modifications.

2. Eligibility

You must be at least 21 years of age to use this Service. By creating an account, you represent and warrant that you are at least 21 years old and have the legal capacity to enter into these Terms. If we learn that an account has been created by someone under 21, we will terminate that account immediately.

3. Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials, including your password and any two-factor authentication recovery codes
• All activity that occurs under your account, whether or not authorized by you
• Providing accurate and truthful information when creating your account and using the Service
• Notifying us immediately if you suspect unauthorized access to your account

We are not liable for any loss or damage arising from your failure to comply with these obligations.

4. User Content

You retain ownership of all content you submit to the Service, including bottle information, tasting notes, reviews, photos, recipes, and other data ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, display, reproduce, and distribute your User Content solely for the purpose of operating and improving the Service.

You represent and warrant that:

• You own or have the necessary rights to submit your User Content
• Your User Content does not infringe on the intellectual property rights of any third party
• Your User Content is accurate to the best of your knowledge, particularly with respect to bottle details, pricing, and valuations

We are not responsible for the accuracy, completeness, or reliability of any User Content. Other users' reviews, ratings, valuations, and recommendations reflect their personal opinions and should not be relied upon as authoritative or professional advice.

5. Prohibited Conduct

You agree not to:

• Use the Service for any illegal purpose or in violation of any applicable law
• Harass, abuse, threaten, or intimidate other users
• Submit false, misleading, or fraudulent information
• Attempt to gain unauthorized access to other users' accounts or data
• Scrape, crawl, or use automated means to extract data from the Service without express permission. This specifically includes, without limitation, the UPC/barcode database, catalog metadata, secondary market pricing, and distillery profiles, all of which are proprietary compiled works
• Bulk-download, redistribute, resell, or sublicense any portion of the bottle catalog, UPC database, or pricing data, whether obtained through the user interface, API, or any other means
• Reverse engineer, decompile, or disassemble any part of the Service
• Impersonate another person or entity
• Interfere with or disrupt the Service, servers, or networks connected to the Service
• Circumvent any security measures, rate limits, or access controls
• Use the Service to facilitate the sale or trade of counterfeit, stolen, or otherwise illegally obtained spirits

Violation of these rules may result in immediate account suspension or termination without notice.

6. Trading

The Service provides tools to facilitate bottle trades between users. By using these features, you acknowledge and agree that:

• We are not a party to any trade. All trades are conducted solely between the participating users.
• We do not verify the identity, age, legal capacity, or trustworthiness of any user involved in a trade.
• We are not responsible for the condition, authenticity, legality, or value of any bottles traded through the Service.
• We are not liable for lost, damaged, stolen, or misrepresented items in any trade.
• We are not responsible for shipping, delivery, customs, or any costs or risks associated with transporting spirits.
• You are solely responsible for complying with all applicable laws regarding the shipment and exchange of alcohol in your jurisdiction.
• Trade reputation ratings reflect individual user opinions and are not verified or endorsed by us.

7. Market Values & Pricing Information

The Service displays market values, secondary market prices, retail prices, and other pricing information sourced from third-party databases and community contributions. You acknowledge and agree that:

• All pricing and valuation data is provided for informational purposes only and should not be relied upon for financial, investment, insurance, or tax decisions.
• We make no guarantees regarding the accuracy, completeness, or timeliness of any pricing data.
• Market values fluctuate and may not reflect actual selling prices in any specific market or transaction.
• The Service does not provide financial, investment, or appraisal advice. Consult qualified professionals before making decisions based on valuation data.
• We are not liable for any financial loss or damage resulting from reliance on pricing information displayed on the Service.

8. AI-Generated Content

The Service uses artificial intelligence to generate tasting notes, recommendations, and other content. AI-generated content is provided for entertainment and informational purposes only. We make no representations regarding its accuracy and you should not rely on it as expert guidance. All AI-generated content should be reviewed and verified by the user before use.

9. Intellectual Property

The Service, including its design, code, catalog data, distillery profiles, algorithms, and all associated intellectual property, is owned by us and protected by applicable intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission.

The bottle catalog data aggregated from third-party sources is provided as a service to users. We claim no ownership over third-party product names, trademarks, or brand identities referenced in the catalog. However, the compilation, curation, enrichment, and organization of catalog entries, including our UPC/barcode database, verified product metadata, normalized distillery profiles, and aggregated pricing, constitutes a proprietary compiled work protected by copyright and database rights. You may use this compiled data for personal, non-commercial purposes within the Service only. Bulk extraction or redistribution is strictly prohibited.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Without limiting the foregoing, we do not warrant that:

• The Service will be uninterrupted, error-free, or secure
• Any data, including pricing data, will be accurate or reliable
• Defects will be corrected in a timely manner
• The Service will meet your particular requirements or expectations

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of data, revenue, or profits
• Financial losses based on pricing or valuation information
• Losses arising from trades conducted between users
• Losses arising from unauthorized access to your account
• Losses arising from interruption or unavailability of the Service
• Any other losses arising from your use of or inability to use the Service

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT, IF ANY, YOU HAVE PAID TO US FOR ACCESS TO THE SERVICE.

12. Indemnification

You agree to indemnify, defend, and hold harmless Spiritus, its operators, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any applicable law or the rights of any third party
• Any trade or transaction you conduct through or in connection with the Service

13. Account Termination

We reserve the right to suspend or terminate your account at any time, with or without cause, and with or without notice. Grounds for termination include, but are not limited to, violation of these Terms, suspected fraudulent activity, extended inactivity, or actions that jeopardize the security or integrity of the Service.

You may delete your account at any time from your Profile settings. Upon deletion, your data will be permanently removed in accordance with our Privacy Policy.

Sections 4, 6, 7, 10, 11, 12, 14, and 15 shall survive any termination of your account.

14. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.

Any dispute arising from or relating to these Terms or the Service shall first be attempted to be resolved informally by contacting us through the Feedback page. If informal resolution fails within 30 days, either party may pursue binding arbitration administered under the rules of the American Arbitration Association.

Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis, and not as a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against us.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated "last updated" date. For material changes, we will make reasonable efforts to notify users via email or in-app notification. Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms.

16. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Spiritus regarding your use of the Service, and supersede any prior agreements or understandings.

18. Contact

If you have questions about these Terms of Service, use the Feedback page to get in touch.