TERMS OF USE

Welcome to Pourwall. These Terms of Use ("Terms") constitute a legally binding agreement between you ("you" or "User") and Beta Acid, Inc., doing business as Pourwall ("Company", "we", "us", or "our"). By accessing or using our website at https://pourwall.com, our web application at https://app.pourwall.com, our TV applications, and any related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you must not access or use the Services. We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last updated" date above and, where practicable, by notifying you via email or in-app notification. Your continued use of the Services after any such changes constitutes acceptance of the revised Terms.

1. Eligibility

You must be at least 18 years of age to use the Services. By creating an account or using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" refers to that entity.

2. Description of Services

Pourwall is a digital beverage menu platform that allows bars, breweries, taprooms, wineries, coffee shops, and similar venues to manage and display their menus across TV screens, websites, QR codes, and printed formats. The Services include:

• A web application for managing taps, beverages, and menu layouts
• TV applications for displaying menus on connected screens in real time
• Embeddable widgets and QR code menus for venue websites and customer devices
• Print-ready menu generation

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will make commercially reasonable efforts to provide advance notice of material changes that affect your use of the Services.

3. Account registration and security

To access certain features of the Services, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Keep your login credentials confidential and not share them with any third party
• Promptly update your account information if it changes
• Accept responsibility for all activity that occurs under your account

You must notify us immediately at hi@pourwall.com if you suspect any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to maintain the security of your account credentials.

4. Subscriptions, billing, and cancellation

Plans

Pourwall offers a free Basic plan and a paid Premium plan. The Basic plan provides core menu management features, including unlimited taps, one screen, and one location, at no charge for as long as you maintain an active account. The Premium plan unlocks additional features (including unlimited screens, QR code menus, website embeds, printed menus, multiple locations, and team members) and is billed on a per-location basis at the rate published on our pricing page at the time of subscription. Prices are subject to change; we will provide reasonable advance notice before any price increase takes effect on your existing subscription.

Recurring billing

Premium subscriptions renew automatically on a monthly or annual basis depending on the billing interval you selected. By subscribing, you authorize us to charge your payment method on file at the start of each renewal period. We may send renewal reminders where required by law or for annual plans. You can review your billing status and manage or cancel your subscription at any time from your account settings.

Cancellation

You may cancel your Premium subscription at any time through your account settings or by contacting us at hi@pourwall.com. Upon cancellation, your Premium features remain active until the end of the current billing period. After the billing period ends, your account will revert to the free Basic plan. We do not provide prorated refunds for partial billing periods unless required by applicable law.

Payment processing

All payments are processed through Stripe. We do not store your credit card number or payment security codes on our servers. Your use of Stripe's services is governed by the Stripe Terms of Service.

5. Free trial

First-time Premium subscribers may be eligible for a 7-day free trial. A valid payment method is required to start a trial. During the trial period, you will have access to all Premium features.

If you do not cancel before the trial expires, your subscription will automatically convert to a paid Premium subscription at the rate shown during checkout, and your payment method will be charged.

Trial eligibility is limited to one trial per Account, regardless of the number of locations, users, or payment methods associated with that Account. We reserve the right to determine trial eligibility and to revoke trial access if we believe the terms of this section are being circumvented.

6. Acceptable use policy

You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Services in any way that violates any applicable local, state, national, or international law or regulation
• Upload, display, or transmit any content that is unlawful, defamatory, obscene, threatening, invasive of privacy, or otherwise objectionable
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Attempt to gain unauthorized access to any part of the Services, other users' accounts, or any systems or networks connected to the Services
• Interfere with or disrupt the integrity or performance of the Services or the data contained therein
• Use automated scripts, bots, scrapers, or other automated means to access the Services without our prior written consent
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services
• Resell, sublicense, or make the Services available to any third party as a competing product

For clarity, agencies, consultants, and other service providers who manage Pourwall menus on behalf of venue clients are permitted to use the Services for that purpose, provided each venue maintains its own Pourwall account.

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this section, including suspending or terminating the offending user's account without notice or refund.

7. Intellectual property

The Services, including all software, design, text, graphics, logos, icons, and other content (excluding User Content as defined below), are owned by or licensed to Beta Acid, Inc. and are protected by United States and international copyright, trademark, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes. This license does not include the right to modify, distribute, sell, or create derivative works based on the Services.

"Pourwall" and the Pourwall logo are trademarks of Beta Acid, Inc. You may not use our trademarks without our prior written permission.

8. User content

"User Content" means any text, images, logos, beverage descriptions, and other materials that you upload, submit, or display through the Services (for example, beverage names, tap descriptions, and venue images).

You retain ownership of your User Content. By uploading User Content to the Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, display, and distribute your User Content strictly for the following purposes:

• Displaying your venue menus publicly through TV screens, wall pages, QR code pages, embeddable widgets, and generated print menus, as configured by you
• Hosting, formatting, caching, backing up, and delivering your content through our infrastructure
• Providing customer support, troubleshooting, and account administration
• Generating aggregated, anonymized usage analytics to maintain and improve the Services (we will not use your identifiable User Content — such as venue logos, photos, or menu descriptions — for our own marketing or promotional purposes without your prior consent)

This license terminates when you delete your User Content or your account, except where retention is required for legal compliance or where content has already been distributed to end users (for example, a customer who previously viewed your QR code menu page).

You represent and warrant that you own or have the necessary rights to all User Content you upload, and that your User Content does not infringe any third party's intellectual property rights or violate any applicable law.

9. Third-party services

The Services rely on third-party providers for hosting, payment processing, analytics, email delivery, error monitoring, and related infrastructure. These third-party services are governed by their own terms of service and privacy policies. We are not responsible for the practices or content of any third-party services.

A current list of the specific third-party providers we use and the categories of data shared with each is maintained in our Privacy Policy. The Services may also contain links to external websites or services that are not operated by us. We have no control over, and assume no responsibility for, the content or practices of any third-party websites or services.

10. Disclaimer of warranties

In Short: The Services are provided "as is" without warranties of any kind.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

While we strive to provide a reliable and accurate service, we do not guarantee that the Services will be uninterrupted, error-free, or free of viruses or other harmful components. Your use of the Services is at your sole risk.

11. Limitation of liability

In Short: Our total liability to you is limited to the amount you paid us in the 12 months preceding the claim.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BETA ACID, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

12. Indemnification

You agree to indemnify, defend, and hold harmless Beta Acid, Inc. and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of a third party.

13. Termination

Termination by us

We may suspend or terminate your access to the Services if required for security, legal compliance, non-payment of fees, violation of these Terms, or conduct that is harmful to other users, our infrastructure, or our business. At our discretion, we may provide you with advance notice and an opportunity to cure the issue before termination. We reserve the right to suspend access immediately and without prior notice in cases involving security threats, illegal activity, or imminent harm to other users.

Termination by you

You may terminate your account at any time by contacting us at hi@pourwall.com or through your account settings. Upon termination, your right to use the Services ceases immediately, except as described in the data handling section below.

Surviving provisions

The following sections survive termination: Intellectual Property, User Content (to the extent of licenses granted), Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, and General Provisions.

14. Data handling upon termination

Cancellation versus account deletion

Canceling a Premium subscription is different from deleting your account. When you cancel your Premium subscription, your account reverts to the free Basic plan at the end of the current billing period. Your data, menus, and Basic-tier features remain accessible. When you delete your account entirely, we will use commercially reasonable efforts to remove your data as described below.

Effect on public links and displays

Upon account deletion (or upon downgrade if the feature is Premium-only), public-facing menu pages, QR code links, embeddable widgets, and TV display feeds associated with your account will stop functioning. If you have printed QR codes or embedded menu widgets on your website, those links will return an error or empty state. We recommend removing or updating any published QR codes and embeds before deleting your account.

Data retention

Following account deletion, we will use commercially reasonable efforts to delete or anonymize your personal data in accordance with our Privacy Policy. Some data may persist in backups, logs, or third-party systems (such as payment processor records) for a limited period and will be handled in accordance with those services' retention policies. We may also retain data where required by law (for example, for tax, accounting, or legal compliance purposes).

Data requests

If you would like a copy of your data before or after deleting your account, contact us at hi@pourwall.com. We will respond to your request within a reasonable timeframe.

15. Dispute resolution and governing law

Governing law

These Terms and any disputes arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions.

Informal resolution

Before initiating any formal dispute proceeding, you agree to first contact us at hi@pourwall.com and attempt to resolve the dispute informally for at least 30 days.

Arbitration

If the dispute cannot be resolved informally, you and Beta Acid, Inc. agree to resolve the dispute through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or Commercial Arbitration Rules if your account is used primarily for business purposes). Arbitration shall take place in King County, Washington, or remotely at your election. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Arbitration fees

If you initiate arbitration, we will reimburse your initial AAA filing fee (up to $200 USD) unless the arbitrator determines that your claim is frivolous. Each party bears its own attorneys' fees unless the arbitrator awards fees to the prevailing party under applicable law.

Opt-out

You may opt out of this arbitration agreement by sending written notice to hi@pourwall.com within 30 days of first accepting these Terms. Your notice must include your name, account email, and a clear statement that you decline the arbitration provision. If you opt out, disputes will be resolved in the state or federal courts located in King County, Washington.

Class action waiver

YOU AND BETA ACID, INC. AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims.

Exceptions

Notwithstanding the above, either party may (a) bring an individual action in small claims court for disputes within that court's jurisdictional limits, or (b) seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.

International users

If you reside in a jurisdiction (such as the European Union or European Economic Area) where mandatory consumer protection laws limit the enforceability of arbitration agreements or class action waivers, those limitations shall apply to the extent required by applicable law. Nothing in these Terms limits your right to bring a claim before the courts of your country of residence where required by mandatory local law.

16. General provisions

Entire agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Beta Acid, Inc. with respect to the Services and supersede all prior agreements, understandings, and communications, whether written or oral.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by us to be effective.

Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. We may freely assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, without your consent.

Force majeure

We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, war, terrorism, epidemics, power outages, internet disruptions, government actions, or labor disputes.

Electronic communications

By using the Services, you consent to receiving electronic communications from us, including emails, in-app notifications, and notices posted on the Services. You agree that all agreements, notices, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

17. Contact us

If you have questions or concerns about these Terms, please contact us: