Brewhood Terms of Service

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION PROVISION AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDINGS (SECTION 14). YOU HAVE A 60-DAY RIGHT TO OPT OUT OF ARBITRATION (SECTION 14.5). THESE TERMS ALSO LIMIT BREWHOOD'S LIABILITY (SECTION 16) AND REQUIRE YOU TO RELEASE CERTAIN CLAIMS (SECTION 17). IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICE.

1. Acceptance of These Terms

These Terms of Service, together with the Privacy Policy and any other policies or guidelines that Brewhood expressly incorporates by reference (collectively, the "Terms"), form a binding legal contract between you and Brewhood LLC, a California limited liability company ("Brewhood," "we," "us," or "our"), and govern your access to and use of the Brewhood mobile application, website located at brewhood.app, and any related services, features, content, and functionality offered by Brewhood (collectively, the "Service").

You accept these Terms by, and only by, (a) creating an account and clicking, tapping, or otherwise affirmatively selecting a button or check-box that states (in substance) that you agree to these Terms, or (b) accessing or using any account-restricted feature of the Service after such acceptance. Browsing publicly available portions of the Service without creating an account is governed by the limited terms in Section 4.5.

If you accept these Terms on behalf of a business, organization, or other legal entity, you represent and warrant that (i) you have full legal authority to bind that entity to these Terms, (ii) you have read and understood these Terms, and (iii) you agree to these Terms on behalf of that entity. References to "you" include both you personally and any entity on whose behalf you act.

2. Definitions

Capitalized terms used in these Terms have the meanings given below. Defined terms apply equally to singular and plural forms.

• "AAA" means the American Arbitration Association.
• "AAA Rules"means the AAA's then-current Consumer Arbitration Rules and the AAA Consumer Due Process Protocol, collectively, as modified by these Terms.
• "Account" means the account you create to access and use the Service.
• "Applicable Law"means all federal, state, local, and foreign laws, statutes, regulations, ordinances, rules, codes, orders, and binding governmental requirements applicable to a party or to a party's use of the Service.
• "Brewhood Marks"means the name "Brewhood," the Brewhood logo, and any other names, logos, trademarks, service marks, trade dress, or designs owned by or licensed to Brewhood and used in connection with the Service.
• "Brewhood Parties" means Brewhood and its parents, subsidiaries, and affiliates, and their respective officers, directors, employees, agents, and licensors.
• "Claim" means any dispute, claim, action, cause of action, controversy, or demand of any kind (whether based in contract, tort, statute, regulation, fraud, misrepresentation, or any other legal theory) arising out of, relating to, or in connection with the Service or these Terms.
• "Content" means any text, photographs, images, audio, video, code, data, links, ratings, reviews, comments, messages, profile information, location data, or other materials of any kind.
• "Covered Claims" means any Claim between you and Brewhood arising out of or relating to (a) your use of the Service, (b) these Terms (including the validity, enforceability, formation, scope, or interpretation of these Terms or of Section 14), or (c) the provision of the Service.
• "DMCA" means the Digital Millennium Copyright Act, 17 U.S.C. § 512.
• "EFAA" means the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, 9 U.S.C. §§ 401-402.
• "FAA" means the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.
• "Mass Filing" means the filing of 25 or more substantially similar individual arbitration demands against the same party by counsel acting in concert or in coordination, as further described in Section 14.10.
• "Material Breach" means a breach of these Terms that (i) goes to the essence of the bargain, (ii) materially deprives the non-breaching party of the benefits reasonably expected under these Terms, or (iii) is expressly identified as a material breach in these Terms (including any Prohibited Use in violation of Section 6 (Acceptable Use)).
• "Prohibited Use" has the meaning given in Section 6.
• "Service" has the meaning given in Section 1.
• "User Content" means any Content that you or any user submits, posts, uploads, publishes, transmits, or otherwise makes available through the Service.
• "Vendor" means any third-party business (including but not limited to breweries, taprooms, bars, restaurants, food trucks, food vendors, and related hospitality businesses) whose information appears on or is accessible through the Service.
• "Vendor Content" means any Content provided by, on behalf of, or relating to a Vendor, including business descriptions, hours, menus, pricing, photographs, events, and promotional materials.

3. The Service; What Brewhood Is and Is Not

3.1 What the Service is.

Brewhood operates an informational discovery platform that helps users locate and learn about Vendors in their community. The Service may display Vendor location, hours of operation, menus, events, photographs, ratings, reviews, and related Content sourced from Vendors, users, public records, and third-party data providers.

3.2 What the Service is not.

Brewhood is not, and does not act as: (a) a retailer, seller, distributor, importer, or licensee of alcoholic beverages; (b) a delivery service, courier, or fulfillment provider for any goods or services; (c) an agent, broker, employee, partner, joint venturer, or representative of any Vendor; (d) a verifier of any Vendor's licensure, food-safety compliance, alcoholic-beverage compliance, allergen information, sanitation, insurance, or any other regulatory or operational status; (e) a guarantor or warrantor of the accuracy, completeness, currency, or quality of any Vendor Content, User Content, or third-party Content; or (f) a reviewer, certifier, or endorser of any Vendor or any product or service offered by any Vendor.

3.3 No alcohol sales; no dram-shop or social-host role.

Brewhood does not sell, ship, deliver, fulfill, or facilitate the sale or delivery of alcoholic beverages. Any transaction involving alcohol or any other goods or services between you and a Vendor is solely between you and that Vendor and is governed by the Vendor's own terms, policies, and Applicable Law (including alcoholic-beverage-control licensing requirements). Brewhood does not furnish, serve, sell, or provide alcohol to any person, and these Terms do not create any duty under any dram-shop, social-host, or analogous statute or common-law doctrine.

3.4 No professional advice.

Content on the Service is for general informational purposes only and does not constitute medical, nutritional, allergen, dietary, legal, financial, or other professional advice. You should consult appropriate professionals and confirm any information that materially affects your health, safety, or finances directly with the Vendor or another authoritative source.

3.5 No endorsement.

The appearance of a Vendor, product, or service on the Service does not constitute an endorsement, recommendation, or warranty by Brewhood. Where Content on the Service includes ratings, reviews, or rankings, such Content reflects the views of users or third parties and not Brewhood.

4. Eligibility and Accounts

4.1 Age.

You must be at least 18 years of age to create an Account or use any account-restricted feature of the Service. By accepting these Terms, you represent and warrant that you are at least 18 years of age.

4.2 Capacity and authority.

You represent and warrant that (a) you have the legal capacity to enter into a binding contract; (b) you are not barred from using the Service under the laws of the United States, the State of California, or any other applicable jurisdiction; and (c) any information you provide to Brewhood is true, accurate, current, and complete.

4.3 Account security.

You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account, whether or not authorized by you. You agree to (a) use a strong, unique password, (b) not share your credentials with any other person, (c) notify Brewhood promptly at the address in Section 20 of any actual or suspected unauthorized use of your Account or any other security breach, and (d) cooperate with Brewhood in investigating any such incident.

4.4 One account per person.

You may not maintain more than one Account for personal use. You may not (a) create an Account using false, misleading, or another person's information; (b) create an Account on behalf of any person without that person's express prior authorization; or (c) access or use any other person's Account without that person's express prior authorization.

4.5 Visitors.

If you access publicly available portions of the Service without creating an Account, you are still bound by Sections 1, 2, 3, 5, 6, 9, 11, 13, 14, 15, 16, 17, and 20 of these Terms, to the extent applicable to your use.

5. License to Use the Service

Subject to your continuing compliance with these Terms, Brewhood grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your own non-commercial purposes. All rights not expressly granted in these Terms are reserved by Brewhood and its licensors.

6. Acceptable Use

You agree not to do, attempt to do, or assist or permit any third party to do, any of the following (each, a "Prohibited Use"). Each Prohibited Use constitutes a Material Breach of these Terms.

• Use the Service for any unlawful purpose or in violation of any Applicable Law, including any alcoholic-beverage-control, food-safety, consumer-protection, advertising, anti-discrimination, anti-spam, or privacy law.
• Encourage, facilitate, normalize, promote, or glorify (a) underage drinking, (b) drinking and driving, (c) over-consumption of alcohol, (d) drinking games or other practices that pose a material risk of harm, or (e) any other conduct that is unlawful or that poses a material risk of harm to any person.
• Coordinate, advertise, broker, or otherwise promote the unlicensed sale, distribution, or off-license transfer of alcohol or any other product or service requiring a license that you or the relevant counterparty does not hold.
• Harass, threaten, intimidate, defame, libel, slander, stalk, or bully any person or Vendor; engage in any form of abusive, hateful, discriminatory, or harassing conduct; or post Content that targets any person or group on the basis of race, color, religion, national origin, ancestry, citizenship status, sex, gender, gender identity or expression, sexual orientation, age, disability, military or veteran status, marital status, pregnancy, genetic information, or any other protected characteristic under Applicable Law.
• Impersonate any person, business, or entity, including by (a) misrepresenting yourself as affiliated with, employed by, authorized by, or endorsed by any Vendor, (b) misrepresenting your credentials, certifications, or qualifications, or (c) creating a profile in another person's name without that person's express prior authorization.
• Post Content that is false, misleading, deceptive, or fraudulent, including false reviews, fake endorsements, materially inaccurate statements about a Vendor's allergens or food-safety practices, or Content that violates the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255) or any analogous Applicable Law.
• Post sexually explicit Content, Content depicting graphic violence, Content depicting or promoting self-harm, or Content that is otherwise obscene under Applicable Law.
• Send unsolicited commercial messages or other forms of spam; conduct any commercial solicitation; or use the Service to develop, market, or distribute any competing product or service.
• Infringe, misappropriate, or violate any patent, copyright, trademark, trade secret, right of publicity, right of privacy, or other intellectual-property or proprietary right of any person.
• Scrape, crawl, harvest, index (other than via standards-compliant search-engine indexing of publicly accessible pages), bulk-download, or otherwise extract data from the Service by automated or manual means, except as expressly authorized by Brewhood in writing.
• Reverse engineer, decompile, disassemble, attempt to derive source code from, or create derivative works of, any portion of the Service, except to the extent this prohibition is expressly limited by Applicable Law.
• Use any robot, spider, crawler, scraper, or other automated means to access the Service for any purpose; bypass any rate limit, throttle, or other measure intended to manage the volume of access to the Service; or use any false header information or other identifier-spoofing technique.
• Probe, scan, test, or attempt to circumvent any security feature of the Service; access or attempt to access any portion of the Service for which you have not been granted access; or interfere with the operation of the Service or any infrastructure on which it depends.
• Upload, post, or transmit any virus, worm, trojan, ransomware, time bomb, spyware, or other malicious code; or take any action that imposes an unreasonable or disproportionately large load on the Service or its infrastructure.
• Attempt to bypass the age requirement in Section 4.1, including by providing false date-of-birth information, by using another person's Account, or by directing or assisting any person under 18 to use the Service.
• Create or distribute Content that is designed to market alcohol to persons under 21 (or the legal drinking age in the applicable jurisdiction) or that has substantial appeal primarily to persons under 21.
• Use the Service in any other manner that, in Brewhood's reasonable good-faith judgment, materially harms users, Vendors, third parties, or the integrity, security, or reputation of the Service.

Brewhood reserves the right (but does not undertake any obligation) to monitor, review, remove, restrict access to, or modify any Content, and to suspend or terminate any Account, at any time, for any reason or no reason, including for any Prohibited Use. Where Brewhood reasonably believes that Content or conduct poses a threat to safety, security, or legal compliance, Brewhood may take action without prior notice.

7. User Content

7.1 Ownership.

As between you and Brewhood, you retain all right, title, and interest in and to the User Content you submit, subject to the licenses you grant in these Terms. Brewhood does not claim ownership of your User Content.

7.2 License to Brewhood.

You grant to Brewhood a non-exclusive, royalty-free, fully paid, worldwide, sublicensable (solely as set forth in Section 7.3) license to host, store, reproduce, display, perform, distribute, transmit, index, cache, reformat, resize, encode, translate, and otherwise use your User Content solely for the following purposes:

• To operate, maintain, improve, and provide the Service to you and to other users.
• To make technical copies (including reformatting, resizing, format conversion, search indexing, caching, and content-delivery copies) necessary to deliver the Service across devices, platforms, and networks.
• To feature your User Content in Brewhood's own promotional materials for the Service itself (including in-Service marketing, app-store listings, social-media accounts owned or controlled by Brewhood, and press materials about Brewhood), provided that such use describes or promotes the Service and not any third-party product or service.
• To permit the specific Vendor that is the subject of your User Content to display, link to, embed, or pin that User Content on the Vendor's own profile page within the Service (but not elsewhere), so long as the Vendor does so within the Service and in accordance with these Terms.

7.3 License limits.

The license in Section 7.2 does not include, and Brewhood will not exercise or sublicense, any right to: (a) sell your User Content; (b) license your User Content to any external stock-photo service, syndication network, news outlet, or other third-party platform outside the Service; (c) use your User Content in any advertising or promotion for any product or service other than the Service itself; (d) sublicense your User Content to a Vendor for use outside the Service (for example, in the Vendor's own external advertising or off-platform social media); or (e) modify your User Content in any way that materially changes its meaning, other than format and length adjustments customary for display.

7.4 Duration; deletion.

The license in Section 7.2 continues for so long as your User Content remains on the Service. Upon deletion of your User Content or termination of your Account, the license terminates with respect to prospective uses by Brewhood, except (a) for technical copies retained in routine backup, archival, or disaster-recovery systems for a commercially reasonable period and not used to repopulate the Service, (b) for User Content that has been incorporated by other users, and (c) as set forth in Section 7.5.

7.5 Pseudonymous persistence.

To preserve the integrity of Vendor pages for other users, Brewhood may retain, in pseudonymous or de-identified form, User Content that you have posted publicly (for example, a Vendor review may remain on the Vendor's page attributed to "Brewhood User" rather than to your name). You may request removal of specific persisted User Content by contacting Brewhood at the address in Section 20; Brewhood will evaluate each such request in good faith but reserves discretion where retention is necessary for the integrity of public Vendor pages.

7.6 Moral rights.

To the maximum extent permitted by Applicable Law, you waive, or agree not to assert, any moral rights, droit moral, or analogous rights you may have in your User Content as against Brewhood and its sublicensees acting within the scope of the licenses granted in this Section 7. Where such rights cannot be waived under Applicable Law, you grant Brewhood and its sublicensees the broadest possible consent to use your User Content within the scope of those licenses.

7.7 Your representations.

You represent and warrant, with respect to each item of User Content you submit, that:

• You are the sole author or have all rights, licenses, consents, releases, and permissions necessary to grant the licenses in this Section 7.
• Your User Content does not, and Brewhood's exercise of the rights granted in this Section 7 will not, infringe, misappropriate, or violate the intellectual-property, privacy, publicity, or other rights of any person, or violate any Applicable Law.
• Your User Content is accurate to the best of your personal knowledge, particularly with respect to factual claims in reviews.
• Your User Content complies with Section 6 of these Terms.
• If your User Content reflects a material connection between you and any Vendor (for example, you are an employee, owner, agent, or compensated promoter of the Vendor), you have disclosed that connection clearly and conspicuously in your User Content, as required by 16 C.F.R. Part 255.

7.8 No obligation to monitor.

Brewhood has no obligation to pre-screen, monitor, edit, or remove User Content. Brewhood does not adopt, ratify, or endorse any User Content and, except where Brewhood has materially contributed to the development of unlawful Content, will not be deemed the publisher or speaker of any User Content for purposes of any Claim.

8. Vendor Profiles and Business Claims

8.1 Vendor representations.

If you claim or operate a Vendor profile, you represent and warrant that (a) you are the owner, an authorized officer, or an authorized representative of the Vendor and have full authority to bind the Vendor to these Terms; (b) all information you provide about the Vendor is true, accurate, current, and complete; (c) the Vendor holds all licenses, permits, and authorizations required by Applicable Law to operate its business, including any alcoholic-beverage and food-service licenses; and (d) the Vendor will at all times comply with Applicable Law, including with respect to food safety, allergen disclosure, alcoholic-beverage sales and service, advertising, and consumer protection.

8.2 Verification and revocation.

Brewhood may, but is not obligated to, request documentation to verify Vendor identity, authority, or licensure. Brewhood may remove, suspend, or revoke any Vendor profile, with or without notice, where Brewhood reasonably believes the profile is fraudulent, unauthorized, inaccurate, or in breach of these Terms or Applicable Law.

8.3 Vendor Content license.

By submitting Vendor Content, you grant Brewhood the licenses set forth in Section 7.2, and the Vendor Content is subject to the obligations and representations in Sections 7.3, 7.6, and 7.7, in each case as if Vendor Content were User Content.

9. Intellectual Property of Brewhood

9.1 Ownership.

The Service, including all software, source code, object code, design, text, graphics, layout, look-and-feel, audio, video, data compilations, and the selection, coordination, and arrangement of the foregoing, and all Brewhood Marks, is owned by Brewhood or its licensors and is protected by United States and international copyright, trademark, trade-dress, trade-secret, patent, and other intellectual-property laws.

9.2 No implied licenses.

Except for the limited license expressly granted in Section 5, you do not acquire any right, title, or interest in or to the Service or any Brewhood Marks. All rights not expressly granted are reserved.

9.3 Trademarks.

You may not use any Brewhood Mark without Brewhood's prior written authorization, except for nominative-fair-use references that (a) accurately identify Brewhood or the Service, (b) do not suggest sponsorship, endorsement, or affiliation by Brewhood, and (c) comply with any then-current Brewhood brand guidelines made publicly available.

10. Copyright; DMCA Notice and Counter-Notice

Brewhood respects the intellectual-property rights of others and will respond to clear notices of alleged copyright infringement consistent with the DMCA.

10.1 Designated Agent.

Brewhood has designated the following individual to receive notifications of claimed copyright infringement under 17 U.S.C. § 512(c)(2):

• Designated Agent: Umit Aslan
• Address: c/o Brewhood LLC, 2108 N St., Ste. N, Sacramento, CA 95816
• Email: dmca@brewhood.app

10.2 Notice of alleged infringement.

If you believe that any User Content infringes a copyright you own or are authorized to enforce, you may submit a written notice to the Designated Agent that includes:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notice, a representative list of such works.
• Identification of the material claimed to be infringing or to be the subject of the infringing activity, with information reasonably sufficient to permit Brewhood to locate it (a URL is helpful).
• Information reasonably sufficient to permit Brewhood to contact you, including an address, telephone number, and email address.
• 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.
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

10.3 Counter-notice.

If you receive notice that User Content you submitted has been removed in response to a DMCA notice and you have a good-faith belief that the removal was the result of mistake or misidentification, you may submit a counter-notice to the Designated Agent, containing the elements required by 17 U.S.C. § 512(g).

10.4 Repeat infringers.

Brewhood will, in appropriate circumstances and in its sole discretion, terminate the Accounts of users who are determined to be repeat infringers.

10.5 Misrepresentations.

Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed by mistake or misidentification, may be liable for damages.

11. Third-Party Content and Links

The Service may display Vendor Content, User Content, or other third-party Content, and may include links to external websites, applications, or resources operated by third parties. Brewhood does not control, endorse, warrant, or assume responsibility for any such third-party Content or external resources, or for any product, service, or transaction obtained from any third party. Your interactions with any third party are solely between you and that third party and are governed by that third party's terms, policies, and Applicable Law.

12. Suspension and Termination

12.1 Termination by you.

You may terminate your Account at any time through the Account-deletion function within the Service or by contacting Brewhood at the address in Section 20. Upon termination, your right to access the Service immediately ceases, and Brewhood will process your Account data as described in the Privacy Policy.

12.2 Suspension or termination by Brewhood.

Brewhood may suspend or terminate your Account, or your access to all or any portion of the Service, at any time, with or without prior notice, if Brewhood reasonably determines that (a) you have committed a Material Breach of these Terms; (b) your use of the Service poses a material risk to the safety, security, integrity, or lawful operation of the Service or to any user, Vendor, or third party; (c) suspension or termination is required by Applicable Law or by an order of any court or regulator with competent jurisdiction; or (d) Brewhood discontinues the Service or any material feature of it.

Brewhood will use commercially reasonable efforts to provide advance notice of termination, except where (i) Brewhood reasonably believes that providing notice would compromise an investigation of suspected fraud, abuse, or illegality, (ii) advance notice would create a risk to safety or to the security of the Service, or (iii) Applicable Law or legal process prohibits notice.

12.3 Effect of termination; survival.

Upon termination, your right to access and use the Service immediately ceases. Sections 2, 3.2 through 3.5, 7.3, 7.4, 7.5, 7.6, 7.7, 7.8, 8.1, 8.2, 8.3, 9, 10.4, 10.5, 11, 12.3, 13, 14, 15, 16, 17, 18, and 20, and any other provision that by its nature is intended to survive termination, will survive any termination of these Terms or of your Account.

13. Disclaimers

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. BREWHOOD AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

Without limiting the foregoing, Brewhood makes no warranty or representation that:

• The Service will be uninterrupted, available, secure, error-free, or free of viruses or other harmful components.
• Any Content available through the Service (including Vendor Content, User Content, hours, menus, pricing, allergen information, event information, or licensure status) is accurate, complete, current, or reliable.
• Any Vendor is licensed, insured, qualified, compliant with Applicable Law, or suitable for any particular purpose.
• Any User Content submitted by other users is accurate, truthful, or non-infringing.
• Any defects in the Service will be corrected, or that the Service will meet your requirements or expectations.

You are solely responsible for verifying any information that materially affects your decisions (including allergen information, hours, pricing, and Vendor licensure) directly with the Vendor or another authoritative source before relying on it.

Brewhood is an interactive computer service within the meaning of Section 230 of the Communications Decency Act, 47 U.S.C. § 230, and nothing in these Terms is intended to waive, limit, or affect any protection available to Brewhood under that section or any analogous Applicable Law.

Some jurisdictions do not allow the exclusion of certain warranties. To the extent any such exclusion is held to be unenforceable, the exclusions in this Section 13 apply to the maximum extent permitted by Applicable Law.

14. Dispute Resolution; Binding Individual Arbitration; Class Action Waiver

READ THIS SECTION CAREFULLY. EXCEPT AS PROVIDED IN SECTION 14.4, IT REQUIRES YOU AND BREWHOOD TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION ON A MUTUAL BASIS AND WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. YOU MAY OPT OUT OF THIS SECTION 14 WITHIN 60 DAYS AS DESCRIBED IN SECTION 14.5.

14.1 Scope; mutuality; FAA and § 1670.15.

This Section 14 governs Covered Claims and applies equally to you and to Brewhood. Brewhood agrees to be bound by this Section 14 on the same terms as you. This Section 14 is governed by the FAA. Consistent with California Civil Code § 1670.15, this Section 14 is limited to Claims arising out of or relating to the use, payment, or provision of the Service. Any provision that would extend further is, to that extent only, void and unenforceable.

14.2 Delegation.

The arbitrator, and not any court or agency, has the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, scope, or formation of this Section 14, except: (a) disputes about the validity, applicability, or enforceability of the class-action waiver in Section 14.3, which a court of competent jurisdiction will decide; (b) any matter that, under the EFAA or other non-preempted Applicable Law, must be decided by a court rather than by an arbitrator; and (c) the public-injunctive-relief carve-out in Section 14.4, which a court will decide.

14.3 Class-action waiver.

YOU AND BREWHOOD AGREE THAT EACH MAY BRING COVERED CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MASS, OR CONSOLIDATED PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING; THE MASS-ARBITRATION PROTOCOL IN SECTION 14.10 GOVERNS THE PROCEDURAL ADMINISTRATION OF MULTIPLE INDIVIDUAL DEMANDS BUT DOES NOT AUTHORIZE CONSOLIDATED SUBSTANTIVE ADJUDICATION. IF A COURT OR ARBITRATOR DETERMINES THAT THIS SECTION 14.3 IS UNENFORCEABLE AS TO ANY COVERED CLAIM, THAT CLAIM MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION (AS PROVIDED IN SECTION 15) AND IS SEVERED FROM THIS SECTION 14; ALL OTHER COVERED CLAIMS REMAIN SUBJECT TO ARBITRATION.

14.4 Carve-outs.

This Section 14 does not require arbitration of, and does not apply to:

• Any Claim that, at the election of the party alleging it, is covered by the EFAA (claims relating to a sexual-assault dispute or a sexual-harassment dispute, as those terms are defined in 9 U.S.C. § 401).
• Any Claim brought in small-claims court, provided the Claim remains in that court and is brought on an individual basis.
• Any Claim by either party for temporary, preliminary, or permanent injunctive relief to protect intellectual-property rights, trade secrets, or to enforce Section 6, pending arbitration of any related damages Claim.
• Any claim for public injunctive relief (within the meaning of California Civil Code § 3422 and McGill v. Citibank, N.A., 2 Cal.5th 945 (2017)): injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public. Such claims may be brought in a court of competent jurisdiction under Section 15.
• Any Claim that, under Applicable Law (including California Civil Code § 1670.15), cannot lawfully be subjected to a predispute arbitration agreement.

14.5 60-day opt-out.

You may opt out of this Section 14 by sending written notice to legal@brewhood.app within 60 days after the date you first accept these Terms. Your notice must include (a) your full name, (b) the email address associated with your Account, and (c) a clear statement that you opt out of arbitration. A valid and timely opt-out is effective only as to this Section 14; it does not affect any other provision of these Terms. Brewhood will not retaliate against you for opting out, and your decision to opt out (or not) will not affect your access to or use of the Service.

14.6 Informal resolution.

Before commencing arbitration, the party with a Covered Claim must send a written notice of dispute to the other party, describing the Claim and the relief sought. Notices to Brewhood must be sent to legal@brewhood.app. Notices to you will be sent to the email address associated with your Account. The parties will attempt in good faith to resolve the Claim informally for 30 days after delivery of the notice. If the Claim is not resolved within that period, either party may initiate arbitration. Any applicable statute of limitations, and any contractual or arbitration-administrator filing deadline, is tolled during the informal-resolution period.

14.7 Arbitration procedure.

Arbitration will be administered by the AAA under the AAA Rules. The AAA Rules are available at adr.org. If AAA is unavailable or declines to administer, the parties will select another nationally recognized administrator with comparable consumer-arbitration procedures, and if they cannot agree, a court of competent jurisdiction will appoint one. Arbitration will be conducted by a single neutral arbitrator selected under the AAA Rules.

Hearings will be held, at your election: (a) in the county where you reside; (b) in San Francisco County, California; or (c) by telephone, videoconference, or written submissions only. Brewhood waives any objection to your chosen venue or format. The arbitrator's award is final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

14.8 Costs.

Brewhood will pay all arbitration filing, administrative, and arbitrator fees in excess of the amount you would have paid as a filing fee to commence the same Claim in the Superior Court of California for the county where you reside. If the AAA Rules require Brewhood to bear additional fees, Brewhood will bear those fees. Each party is otherwise responsible for its own attorneys' fees and costs, except that the arbitrator may award attorneys' fees and costs to the prevailing party to the extent authorized by Applicable Law or the AAA Rules. Nothing in this Section 14.8 limits any right you may have to recover attorneys' fees or costs under any statute that authorizes such recovery.

14.9 Remedies; discovery.

The arbitrator may award any remedy that a court of competent jurisdiction could award on the Covered Claim presented, including monetary damages, statutory damages and penalties, declaratory and injunctive relief, restitution, and attorneys' fees and costs where authorized by Applicable Law, in each case only in favor of the individual party seeking relief and only to the extent necessary to provide that relief. The arbitrator has the authority to award provisional, preliminary, and permanent injunctive relief as needed. Discovery will be as provided in the AAA Rules and, in any event, sufficient to allow each party a fair opportunity to vindicate any statutory or common-law right asserted in the arbitration. Nothing in this Section 14.9 limits any right of either party to seek provisional injunctive relief from a court of competent jurisdiction under Section 14.4.

14.10 Mass-arbitration protocol.

If a Mass Filing occurs, the AAA Mass Arbitration Supplementary Rules will apply to all such demands. The parties agree that (a) the AAA's process-administrator and global mediator procedures will be used; (b) bellwether arbitrations may be conducted as provided in the AAA Mass Arbitration Supplementary Rules, with results non-binding on other demands except as the parties may later agree; (c) each party is entitled to seek to consolidate scheduling, discovery, and procedural rulings for efficiency; and (d) all substantive determinations on each individual demand remain individual and bilateral. This Section 14.10 applies equally and reciprocally to demands filed by Brewhood and demands filed against Brewhood.

15. Governing Law and Venue

These Terms, and any Claim arising out of or relating to these Terms or the Service, are governed by the laws of the State of California, without regard to its conflict-of-laws principles, except that the FAA governs Section 14. For any Claim that, under Section 14, is not subject to arbitration, you and Brewhood submit to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California, and waive any objection to venue or forum non conveniens. Each party irrevocably waives the right to a jury trial in connection with any such Claim, to the maximum extent permitted by Applicable Law.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO SECTION 16.3, THE BREWHOOD PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE BREWHOOD PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.1 Aggregate cap.

SUBJECT TO SECTION 16.3, THE BREWHOOD PARTIES' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID TO BREWHOOD IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) TWO HUNDRED DOLLARS (US$200).

16.2 Essential purpose.

The limitations in this Section 16 apply even if any limited remedy provided in these Terms is found to fail of its essential purpose.

16.3 Carve-outs.

Nothing in this Section 16 limits or excludes liability that cannot lawfully be limited or excluded under Applicable Law. Without limiting the foregoing, the limitations and exclusions in this Section 16 do not apply to (a) liability for death or personal injury caused by a Brewhood Party's gross negligence, (b) a Brewhood Party's fraud or fraudulent misrepresentation, (c) a Brewhood Party's willful injury to the person or property of another (within the meaning of California Civil Code § 1668 and the decision in New England Country Foods, LLC v. VanLaw Food Products, Inc. (2025)), (d) a Brewhood Party's violation of any statute or regulation enacted to protect public safety, where Applicable Law prohibits exculpation, or (e) any other liability that cannot lawfully be limited under Applicable Law.

16.4 Allocation.

You acknowledge that the limitations in this Section 16 are an essential part of the bargain between you and Brewhood, that they reflect a reasonable allocation of risk between the parties, and that Brewhood would not provide the Service on these economic terms without them.

16.5 Some jurisdictions.

Some jurisdictions do not allow the limitation or exclusion of certain damages. To the extent any such limitation or exclusion is held to be unenforceable, the limitations in this Section 16 apply to the maximum extent permitted by Applicable Law.

17. Release and Limited Section 1542 Waiver

17.1 Release of Vendor-related claims.

To the maximum extent permitted by Applicable Law, you release the Brewhood Parties from any Claim arising out of or relating to (a) any dispute between you and any Vendor or other user of the Service, (b) any product, service, transaction, conduct, or omission of any Vendor, and (c) any reliance you place on Vendor Content, User Content, or other third-party Content available through the Service. This release does not apply to Claims based on a Brewhood Party's own gross negligence, willful misconduct, fraud, or violation of Applicable Law.

17.2 Limited Civil Code § 1542 waiver.

If and only to the extent that the release in Section 17.1 would otherwise constitute a general release within the meaning of California Civil Code § 1541, you expressly waive, with respect to the Claims released in Section 17.1 and only those Claims, the protections of California Civil Code § 1542, which provides:

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

You acknowledge that you have read and understood § 1542 and intend to waive its protections only with respect to the Claims described in Section 17.1, including unknown Claims of the kind described in Section 17.1 that may exist as of the date you accept these Terms. The waiver in this Section 17.2 does not extend to, and you do not waive, any Claim against a Brewhood Party for the Brewhood Party's own conduct.

18. Indemnification

To the maximum extent permitted by Applicable Law, you will defend, indemnify, and hold harmless the Brewhood Parties from and against any third-party Claim, and any related liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees), to the extent arising out of or relating to (a) your User Content; (b) your access to or use of the Service in breach of these Terms; (c) your violation of Applicable Law in connection with the Service; or (d) your violation of any third party's rights. Brewhood will (i) promptly notify you of any Claim for which it seeks indemnification, (ii) provide you with reasonable cooperation in the defense of the Claim at your expense, and (iii) permit you to control the defense and settlement of the Claim, provided that you may not settle any Claim in a manner that imposes any obligation on, or admits any liability of, a Brewhood Party without Brewhood's prior written consent (which will not be unreasonably withheld).

19. Changes to These Terms

Brewhood may modify these Terms from time to time. If Brewhood makes a material modification, Brewhood will provide reasonable advance notice by (a) posting the updated Terms within the Service, (b) updating the "Last Updated" date at the top of these Terms, and (c) sending notice by email to the address associated with your Account or by in-Service notice. A modification is effective on the date stated in the notice, which will be no earlier than 30 days after Brewhood provides notice, except where a shorter period is necessary to comply with Applicable Law or to address a security or fraud concern.

Your continued use of the Service after the effective date of the modification constitutes your acceptance of the modified Terms. If you do not accept the modified Terms, your sole remedy is to stop using the Service and to delete your Account. No modification to Section 14 will apply to a Covered Claim of which Brewhood had written notice as of the effective date of the modification.

20. Contact and Notices

For legal notices, including notices under Sections 14.6 (dispute notice) and 14.5 (arbitration opt-out), use:

• Email (preferred): legal@brewhood.app
• DMCA: dmca@brewhood.app (Umit Aslan, Designated Agent)
• Mail: Brewhood LLC, 2108 N St., Ste. N, Sacramento, CA 95816

Notices to you will be sent to the email address associated with your Account or, where appropriate, by in-Service notice. Notices are deemed given on the date sent if by email, or three business days after deposit in the mail if by certified or registered mail.

21. Miscellaneous

21.1 Entire agreement.

These Terms, together with the Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement between you and Brewhood with respect to the Service and supersede all prior and contemporaneous agreements, communications, and understandings, whether written or oral, on that subject. No statement or representation by Brewhood or any Brewhood Party that is not contained in these Terms forms part of these Terms.

21.2 Severability.

If any provision of these Terms is held by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable while preserving its intent, or, if modification is not possible, will be severed from these Terms, and the remaining provisions will continue in full force and effect. The class-action waiver in Section 14.3 is not severable from the remainder of Section 14 and is subject to the specific severability rule in Section 14.3.

21.3 No waiver.

No failure or delay by Brewhood in exercising any right under these Terms operates as a waiver of that right. A waiver of any provision of these Terms is effective only if it is in writing and signed by Brewhood, and is effective only in the specific instance and for the specific purpose for which it is given.

21.4 Assignment.

You may not assign, transfer, or delegate any right or obligation under these Terms, in whole or in part, without Brewhood's prior written consent, and any attempt to do so without consent is void. Brewhood may assign, transfer, or delegate any right or obligation under these Terms without your consent, including in connection with any merger, acquisition, reorganization, sale of assets, change of control, or operation of law.

21.5 Force majeure.

Brewhood will not be liable for any failure or delay in performance under these Terms to the extent caused by any event beyond Brewhood's reasonable control, including acts of God, natural disasters, fire, flood, earthquake, pandemic, epidemic, war, terrorism, riot, civil unrest, governmental action, labor disturbance, internet or telecommunications outage, or failure of any third-party service or infrastructure.

21.6 No third-party beneficiaries.

Except for the Brewhood Parties (each of which is an intended third-party beneficiary of Sections 3, 7, 9, 11, 13, 16, 17, and 18), there are no third-party beneficiaries of these Terms.

21.7 Relationship of the parties.

These Terms do not create any partnership, joint venture, employment, franchise, or agency relationship between you and Brewhood. Neither party has the authority to bind the other.

21.8 Construction.

Headings are for convenience only and do not affect interpretation. "Including" and its variants are illustrative, not limiting (each such word is read as "including, without limitation"). References to a statute, regulation, or rule include amendments and successor provisions.

21.9 Electronic communications.

You consent to receive communications from Brewhood in electronic form. You agree that all agreements, notices, disclosures, and other communications that Brewhood provides to you electronically satisfy any legal requirement that such communications be in writing.

21.10 Export control.

You may not use, export, re-export, or transfer the Service except as authorized by United States law, the laws of the jurisdiction in which you obtained the Service, and any other Applicable Law.

21.11 Government users.

If you are a federal, state, or local government entity, your use of the Service constitutes acknowledgement that the Service is "commercial computer software" as that term is used in 48 C.F.R. § 2.101, and that the rights provided to you under these Terms are the only rights provided with respect to the Service.

End of Terms of Service