LIQUORCHAT TERMS AND CONDITIONS

Last Updated: September 24, 2025

CRITICAL NOTICE: These Terms and Conditions (“Terms”) form a binding contract between you and InStoreAdvisor Inc. (“Company,” “LiquorChat,” “we,” “us,” or “our”). Nothing in these Terms limits any non-waivable rights you have under applicable consumer protection, privacy, or e-commerce laws. If you are a Consumer, provisions that conflict with mandatory law in your jurisdiction do not apply to you. If you are a Business User, additional commercial terms (including arbitration and class-action waiver) apply as stated below. Please read carefully. If anything is unclear, consider seeking legal advice. By creating an account, clicking to accept, paying for, or continuing to use the Service after notice of these Terms, you agree to be bound by them.

1. ACCEPTANCE OF TERMS AND ABSOLUTE FORMATION OF BINDING CONTRACT

1.1 Complete and Binding Legal Agreement

These Terms and Conditions, together with the policies and agreements we reference or make available in connection with the Service including our Privacy Policy, Data Processing Agreement, Acceptable Use Policy, API/SDK terms, white-label or merchant terms, SMS and electronic communications terms, data ownership or usage disclosures, and any feature-specific supplemental terms (collectively, the “Terms”)—form a legally binding agreement between you and InStoreAdvisor Inc. (publicly known as “LiquorChat”), a Delaware corporation, and, where applicable, our affiliates (together, “Company,” “we,” “us,” or “our”). The Terms govern your access to and use of the LiquorChat platform, applications, websites, APIs, SDKs, documentation, and related products and services, as each may evolve over time (collectively, the “Service”). For purposes of these Terms, “you” or “your” means the individual user and, if the user is acting on behalf of a business or other legal entity, that entity as well (see Section 1.2 for authority requirements). Users are classified as either (i) Consumers, meaning natural persons acting outside their trade, business, craft, or profession who use the Service primarily for personal, family, or household purposes, or (ii) Business Users (also referred to, but not limited or exclusive to, as “Merchants” in some instances), meaning natural persons or legal entities acting in a commercial or professional capacity, including their employees, contractors, or agents using the Service for business purposes. Certain provisions apply differently to Consumers and Business Users as expressly stated in these Terms. The Terms incorporate by reference any supplemental or feature-specific terms presented to you within the Service (“Supplemental Terms”); if Supplemental Terms conflict with this document for a particular feature, the Supplemental Terms control for that feature. If you have a separately executed master services agreement, order form, or other written agreement with us, that agreement will control to the extent of any direct conflict with these Terms. Nothing in these Terms limits any non-waivable rights you have under applicable consumer protection, privacy, or e-commerce laws; where these Terms conflict with such mandatory laws as to Consumers, the more protective rule for Consumers governs.

BY ENGAGING IN ANY OF THE FOLLOWING ACTIONS, YOU DEMONSTRATE YOUR ACCEPTANCE OF THESE TERMS AND YOUR LEGALLY BINDING INTENT TO BE BOUND BY EVERY PROVISION CONTAINED HEREIN, SUBJECT TO THE CONSUMER PROTECTIONS SPECIFICALLY DELINEATED FOR CONSUMERS THROUGHOUT THESE TERMS:

You expressly acknowledge, understand, agree, and consent that you are accepting these Terms and forming a binding, enforceable legal contract with Company through one of the following methods:

- (a) Affirmative Consent Action: Clicking, tapping, or otherwise activating any button, checkbox, link, or interface element stating "I Agree," "I Accept," "Continue," "Sign Up," "Get Started," "Proceed," "Submit," "Confirm," "Authorize," "Grant Access," or any similar affirmative action that is presented alongside these Terms or a conspicuous link to these Terms, whether on our website, in our application, through our API, or in any interface we provide;

- (b) Account Creation with Notice: Creating, registering, activating, claiming, or establishing an account with the Service after being presented with these Terms or a conspicuous hyperlink to these Terms during the account creation process, with a clear indication that account creation constitutes acceptance of these Terms;

- (c) Continued Use After Notice: Continuing to use the Service after we have provided you with actual notice of these Terms through one or more of the following methods: (i) displaying a prominent banner, pop-up, or interstitial screen notifying you of new or updated Terms; (ii) sending an email to your registered email address with these Terms or a link to these Terms; (iii) requiring you to acknowledge receipt of notice of these Terms before accessing certain Service features; or (iv) any other method reasonably calculated to provide you with actual notice; provided that you have been given a reasonable opportunity (not less than 14 days for existing users) to review these Terms and discontinue use of the Service if you do not agree;

(d) Express Written Agreement: Executing a written agreement, order form, statement of work, or other document that expressly incorporates these Terms by reference;

- (e) API or Integration Activation: Implementing, deploying, or activating any API keys, webhooks, SDKs, or integration code after being presented with documentation that clearly states that such implementation constitutes acceptance of these Terms;

- (f) Payment with Notice: Making any payment for the Service after being presented with these Terms or a clear notice that payment constitutes acceptance of these Terms.

For the avoidance of doubt, passive activities such as merely viewing publicly available portions of our website, reading marketing materials, or reviewing documentation without creating an account or using Service features do NOT constitute acceptance of these Terms. You must take one of the affirmative actions listed above to form a binding agreement.

If you are accepting these Terms on behalf of an organization, or sign up as an intended affiliate of an organization, you represent and warrant that you have actual authority to bind that organization, and references to "you" include both you individually and the organization.

For Business Users utilizing API access or custom integrations, additional terms may apply as specified in our API documentation and enterprise agreements, which supplement but do not replace these Terms.

1.2 Authority, Capacity, and Representation

If you are using, accessing, or accepting the Service on behalf of a company, organization, partnership, government entity, or any other legal entity or juridical person, you expressly represent, warrant, covenant, and guarantee that: you have full, complete, and unrestricted legal authority, power, and capacity to bind such entity to these Terms; you are duly authorized by all necessary corporate, organizational, or governmental action to enter into these Terms; your acceptance of these Terms has been properly authorized and executed in accordance with all applicable organizational documents, bylaws, or regulations; these Terms constitute a legal, valid, binding, and enforceable obligation of such entity; and your acceptance will be deemed an acceptance by such entity, and any reference to "you" in these Terms shall refer to both you individually and such entity collectively. If you do not have such comprehensive authority, or if you or the entity you purport to represent does not agree with any provision of these Terms without exception, you must not accept these Terms and must not use, access, or interact with the Service in any manner whatsoever, and any purported use shall be unauthorized, void, and subject to legal action.

For Consumers, you represent and warrant that you have reached the age of majority in your jurisdiction and have the legal capacity to enter into this agreement. If you are under the age of majority but at least the minimum age requirement specified in Section 2, you represent that you have obtained all necessary parental or guardian consent to use the Service.

1.3 Absolute Prohibition on Use Without Complete Agreement

You may not use the Service unless you have agreed to these Terms through one of the acceptance methods described above. If you attempt to access features of the Service without such agreement, such use is unauthorized and may subject you to termination of access and any legal remedies available to us. We reserve the right to suspend or restrict suspected unauthorized access in order to protect the Service and its users. Nothing in this Section limits your non-waivable rights under applicable consumer protection or privacy laws.

2. AGE REQUIREMENTS, VERIFICATION, ALCOHOL COMPLIANCE, AND REGULATORY OBLIGATIONS

2.1 Minimum Age & Alcohol Content

- (a) Age-Restricted Features. You must be of legal drinking age in your jurisdiction to access features that relate to alcoholic beverages, including recommendations, product information tailored to alcoholic beverages, store or delivery options, promotional offers, or transactions.

- (b) General Information Pages. Where permitted by law, general informational or marketing pages that do not facilitate or encourage the purchase or consumption of alcohol may be made available without age verification.

- (c) Data-Minimizing Age Gating. We will implement age-gating for alcohol-related features using methods proportionate to the risk and legal requirements in your location and will not collect more information than is reasonably necessary to verify eligibility.

- (d) Misrepresentation. You must not misrepresent your age. If we reasonably believe an account or session fails age requirements, we may restrict access to age-restricted features.

2.2 Comprehensive and Multi-Layered Age Verification Procedures

We implement multiple layers of age verification technology and may verify your age through lawful means such as government-issued ID validation, credit card checks, or public records authentication. For Consumers, biometric verification will never be required as a condition of access if alternative methods are available. You consent to our collection and secure storage of verification data for as long as necessary to confirm eligibility, comply with applicable law, or resolve disputes, after which the data will be deleted or anonymized. Failure to complete verification when requested will result in suspension or termination of Service access.

2.3 Severe Penalties and Consequences for Age Misrepresentation

Any attempt, whether successful or unsuccessful, to circumvent, bypass, defeat, or avoid our age requirements or verification procedures, including but not limited to providing false age information, using another person's identification or credentials, utilizing fake, altered, or fraudulent identification documents, employing technical means to bypass age gates, assisting another person in circumventing age requirements, or any other method of age misrepresentation, constitutes a material, fundamental, and incurable breach of these Terms and may constitute criminal fraud, identity theft, wire fraud, computer fraud, or other serious violations of federal, state, and local laws.

We maintain a strict zero-tolerance policy for age misrepresentation and will aggressively pursue all available legal remedies against violators, including but not limited to: immediate and permanent termination of all accounts and access; permanent, irrevocable banning from the Service and all affiliated services; comprehensive reporting to law enforcement authorities, including local police, state authorities, and federal agencies; full cooperation with criminal investigations and prosecutions; aggressive civil litigation for compensatory, consequential, and punitive damages; reporting to educational institutions, employers, or professional organizations where appropriate; publication of violations where permitted by law; and coordination with other platforms and services to prevent future violations.

2.4 Comprehensive Alcohol Compliance and Regulatory Requirements

The Service provides extensive information, content, recommendations, and functionality related to alcoholic beverages and is subject to comprehensive federal, state, local, and international regulations, including but not limited to the Federal Alcohol Administration Act, state Alcohol Beverage Control laws, tied-house regulations, trade practice regulations, advertising restrictions, and international alcohol regulations. You acknowledge, understand, and agree that your use of the Service must strictly comply with all applicable laws, regulations, rules, and requirements regarding alcohol in your jurisdiction, including but not limited to:

Laws regarding minimum drinking age and age verification requirements; prohibitions on sales, service, or provision of alcohol to intoxicated persons; restrictions on alcohol advertising, marketing, and promotion; limitations on hours of sale, service, or distribution; geographic restrictions on alcohol distribution and delivery; licensing requirements for alcohol sales, service, or distribution; three-tier system requirements and tier separation obligations; trade practice regulations and prohibited inducements; labeling, warning, and disclosure requirements; record-keeping and reporting obligations; and any other applicable alcohol control laws, regulations, or requirements.

You are solely and exclusively responsible for ensuring that your use of the Service complies with all applicable alcohol-related laws in your jurisdiction. We make no representation, warranty, or guarantee that the Service or its content is appropriate, legal, compliant, or available for use in your location. Access to the Service from territories where its contents or use is illegal, restricted, or prohibited is strictly forbidden. You may not use the Service in any manner that would violate any applicable alcohol beverage control laws or regulations.

2.5 Merchant and Business Alcohol Compliance Obligations

If you are a Merchant, retailer, or business in the alcohol beverage industry, you additionally acknowledge and agree that: you must maintain all required federal, state, and local licenses and permits; you must implement appropriate age verification for all alcohol-related transactions; you must comply with all tied-house and trade practice regulations; you must maintain required records and reports; you must comply with all advertising and marketing restrictions; you will not use the Service to facilitate illegal alcohol sales or distribution; and you will cooperate with any regulatory inspections or investigations. Company may audit merchants' age verification, licensing, and compliance processes at their discretion, and Merchant must fully cooperate at its own expense.

3: DATA RIGHTS AND LICENSING

3.1 Data License Grant

FOR BUSINESS USERS: If you are a Business User, you grant us a broad, royalty-free license to use data you provide through the Service for purposes including: operating and improving the Service, developing new features, generating aggregated analytics, and training our AI models. We may use anonymized and aggregated data for commercial purposes, including industry benchmarking and reporting. You retain ownership of the raw data you input, and nothing in this Section transfers ownership of your confidential information. Our rights to use Business User data are subject to applicable privacy and trade secret laws.

FOR CONSUMERS: You retain full ownership of all personal data you provide to the Service. You grant us only a limited, revocable license to process your personal data solely as necessary to: provide the Service features you have requested; comply with applicable law; protect the safety and security of the Service; and fulfill any other specific purpose for which you have provided explicit consent. This license is immediately revoked upon your request for data deletion, except where retention is required by law.

3.2 Intellectual Property in Service Outputs

Service-Generated Content: Content generated by our AI system in response to your queries ("Output") is provided to you under a limited license for your use. For Business Users, you may use Output for any lawful business purpose, including commercial use, subject to the restrictions in Section 7. For Consumers, you may use Output for personal, non-commercial purposes only.

No Warranty of Non-Infringement: Output may inadvertently contain material similar to third-party copyrighted works. You are solely responsible for reviewing Output for potential intellectual property issues before use. We do not warrant that Output is free from third-party intellectual property claims.

3.3 User-Generated Content License

You retain ownership of any original content you create and submit to the Service ("User Content"). By submitting User Content, you represent and warrant that: you own or have the necessary rights to submit such content; your content does not infringe any third party's rights; and your content complies with applicable laws and these Terms. You grant us a broad, royalty-free license to use data you provide through the Service for purposes including: operating and improving the Service, developing new features, generating aggregated analytics, and training our AI models.

3.4 Data Export and Portability

FOR BUSINESS USERS: Business Users may only export data they have directly provided to the Service through available export features or approved APIs. Derived data, including aggregated analytics and AI-generated insights, are proprietary to us and may not be bulk-exported. Unauthorized automated extraction (such as scraping) is prohibited and may result in suspension of access and liability for actual damages reasonably incurred by us, including costs of enforcement. We may also seek equitable relief to prevent further unauthorized extraction.

FOR CONSUMERS: You have the right to receive a copy of your personal data in a structured, commonly used, and machine-readable format. You may transmit this data to another service provider without hindrance from us. To request your data, contact alden@liquorchat.ai.

3.4.1 Customer Data Export Restrictions for Business Users

Business Users expressly acknowledge and agree that they may NOT export, download, scrape, or otherwise extract:

- Customer contact information (including phone numbers, email addresses, physical addresses) collected through the Service

- Customer chat histories, conversation logs, or communication records

- Customer preference data, purchase histories, or behavioral data

- Any customer lists or databases created or enhanced through Service use

- SMS opt-in records or marketing consent data

Such data remains the exclusive property of Company. Business Users receive only a limited license to access this data within the Service platform for operational purposes. Any attempt to extract customer marketing data for use outside the Service or with competing platforms constitutes material breach subject to immediate termination and legal action.

3.5 Unlimited and Perpetual Rights for AI Training and Commercial Exploitation

FOR BUSINESS USERS: By using the Service as a Business User, you grant the Company unlimited, perpetual rights, to the extent permitted by applicable law, to use and commercialize any data collected through the Service for artificial intelligence training, model development, and other business purposes. These rights are subject to our confidentiality obligations and do not override statutory protections.

FOR CONSUMERS: We will only use Consumer personal data for AI training and development purposes in aggregated anonymized form, which may be withdrawn at any time. Where Consumer data is used for AI training, we will implement appropriate safeguards including: anonymization or pseudonymization where possible; purpose limitation; data minimization; and compliance with applicable AI regulations including the EU AI Act where applicable.

3.6 Company Intellectual Property Rights and Proprietary Technology

The Service, including all of its components, features, functionalities, and content, is the exclusive property of Company and is protected by United States and international intellectual property laws, treaties, and conventions. Our comprehensive intellectual property includes but is not limited to:

All software code, source code, object code, algorithms, methods, techniques, and technical implementations; all artificial intelligence models, neural networks, machine learning systems, training data, model weights, and AI methodologies; all user interfaces, user experiences, designs, layouts, look and feel, and visual elements; all trademarks, service marks, trade names, logos, and brand elements, including but not limited to "LiquorChat," "InStoreAdvisor," "LiquorLabs," and all associated marks, logos, and branding; all copyrighted content, text, images, videos, documentation, and materials; all trade secrets, confidential information, know-how, proprietary methods, and business processes; all patents, patent applications, patentable inventions, and patent disclosures; all domain names, social media accounts, online properties, and digital assets; all databases, data compilations, data structures, and data organizations; and any and all other intellectual property rights, whether registered or unregistered, and whether currently existing or later developed.

You acknowledge and agree that no ownership rights are being conveyed to you through these Terms or your use of the Service, and that all rights not expressly granted to you are reserved by Company. Any unauthorized use, reproduction, distribution, or exploitation of our intellectual property may violate copyright, trademark, patent, and other laws and will subject you to severe civil and criminal liability.

4. COMPREHENSIVE TRACKING, COMPLETE DATA COLLECTION, AND PERVASIVE SURVEILLANCE

4.1 Scope of Data Collection and Tracking

TRACKING DISCLOSURE - DIFFERENT STANDARDS APPLY FOR BUSINESS USERS AND CONSUMERS:

FOR BUSINESS USERS: When you use the Service as a Business User, we collect and analyze detailed data about usage, performance, and interactions in order to improve the Service, support security, and provide analytics. This may include technical information about devices, systems, and user behavior. We continuously update these capabilities as new technologies develop. By using the Service, you consent to this level of business-purpose data collection. For clarity, this Section applies only to Business Users; Consumers have additional rights and limitations set out below.

FOR CONSUMERS: We are committed to transparency and minimization regarding Consumer data collection practices. We collect only the data necessary to provide and improve the Service and security purposes, with your consent where required by law. Consumer data collection is subject to the specific rights, limitations, and opt-out mechanisms described throughout this Section 4. You have meaningful control over your data and can make informed choices about what information you share with us.

Purpose-Driven Collection: All data collection serves specific, legitimate purposes including:

- Providing and personalizing the Service functionality you request

- Ensuring security and preventing fraud, abuse, and unauthorized access

- Complying with legal obligations and regulatory requirements

- Improving Service performance, reliability, and user experience

- Developing new features and capabilities based on user needs

- Creating aggregated, anonymized analytics that don't identify individuals

- Generating unanymized industry insights and business intelligence

4.2 Consumer Tracking Rights and Transparency

FOR CONSUMERS: You have comprehensive rights regarding tracking and data collection that cannot be waived:

Cookie Consent: We will request your explicit consent before placing non-essential cookies or similar tracking technologies on your device. You may manage your cookie preferences at any time through our cookie settings interface, which will be easily accessible from every page of the Service. Essential cookies necessary for Service functionality, security, fraud prevention, and legal compliance may be used without consent but will be clearly disclosed in our cookie policy. You have the right to withdraw cookie consent at any time without affecting your ability to use the core Service functionality.

Tracking Transparency: We will clearly disclose what data we collect, how it is collected, for what purposes, and with whom it is shared. You have the absolute right to opt out of: behavioral advertising tracking; third-party analytics (except essential analytics for Service operation); cross-site tracking; sale or sharing of personal information for marketing purposes; profiling for automated decision-making; and any other non-essential tracking. 

Do Not Track: We honor Do Not Track browser settings for Consumer accounts and will not engage in cross-site tracking when this setting is enabled. We will also respect Global Privacy Control signals and similar privacy preference signals.

Right to Object: Consumers in the EU/UK have the absolute right to object to processing based on legitimate interests, including profiling and direct marketing, and we will cease such processing upon receiving your objection.

4.3 Complete Device, Hardware, and Technical Information Tracking

FOR BUSINESS USERS: We collect, process, analyze, and permanently store exhaustive technical information about every device, system, network, and connection used to access the Service, including but not limited to:

Complete Internet Protocol (IP) address information including IPv4 addresses, IPv6 addresses, subnet masks, gateway addresses, DNS servers, reverse DNS lookups, WHOIS data, ASN information, and all associated network metadata; Media Access Control (MAC) addresses for all network interfaces, including WiFi adapters, Ethernet adapters, and Bluetooth interfaces; comprehensive device fingerprinting using all available techniques including canvas fingerprinting, WebGL fingerprinting, WebRTC fingerprinting, audio context fingerprinting, font fingerprinting, plugin fingerprinting, and all other fingerprinting methods; exhaustive hardware specifications including CPU manufacturer, model, architecture, and capabilities, GPU manufacturer, model, and specifications, installed RAM amount and specifications, available storage and disk configuration, battery status, health, and charging state, sensor capabilities and readings, camera specifications and capabilities, and all other hardware characteristics; complete software environment information including operating system type, version, build number, patch level, and configuration, installed applications, programs, and plugins, browser type, version, build, and configuration, enabled browser features, APIs, and capabilities, installed fonts, language packs, and input methods, timezone, locale, and regional settings, and all other software characteristics; comprehensive network and connectivity information including connection type, speed, and bandwidth, Internet Service Provider (ISP) identification and metadata, network latency, jitter, and packet loss, WiFi access point BSSIDs and signal strength, cellular tower information and signal strength, Bluetooth device proximity and pairing, and all other network characteristics.

FOR CONSUMERS: We collect limited technical information necessary for Service provision, security, and legal compliance. This includes: Internet Protocol (IP) addresses solely for security, fraud prevention, and with your consent where applicable by law, approximate geolocation; basic device type, operating system, and browser information for Service optimization and compatibility; session information necessary for authentication and maintaining your logged-in state; error logs and debugging information to identify and fix Service issues; and other minimal technical data required for Service operation. You have the right to request a complete list of technical information we collect about you by contacting alden@liquorchat.ai, and we will provide this information within 30 days of your verified request.

4.4 Complete Behavioral, Interaction, and Usage Tracking

FOR BUSINESS USERS: We implement exhaustive behavioral tracking that continuously monitors, records, analyzes, and stores every aspect of your interaction with the Service, including but not limited to:

Complete clickstream data capturing every click, tap, touch, press, or selection made, including coordinates, timing, pressure, and duration; comprehensive mouse movement tracking including position, velocity, acceleration, trajectory, hover patterns, hesitation points, and micro-movements; detailed scroll behavior including depth, speed, acceleration, patterns, pauses, and reading indicators; extensive keyboard interaction tracking including typing speed, rhythm, patterns, pauses, corrections, backspacing, and keystroke dynamics; complete touch gesture tracking including swipes, pinches, spreads, rotations, pressure, duration, and multi-touch patterns; exhaustive form interaction tracking including field focus order and time, typing patterns, abandonment points, validation errors, retry attempts, and completion patterns; comprehensive attention and engagement metrics including active time versus idle time, tab switching and window focus events, page visibility and backgrounding, multi-tasking patterns, and attention shifts; complete navigation path tracking including entry sources and referrers, exit destinations and next sites, back button usage patterns, bookmark and favorite interactions, and session continuation patterns; detailed search behavior including queries entered, refinements made, results viewed, selections made, and abandonment patterns; interaction timing including time to first interaction, interaction intervals, session duration, and return frequency; complete session recordings captured as high-definition video preserving every interaction; and any and all other behavioral signals that can be captured, measured, or inferred.

FOR CONSUMERS: We collect limited behavioral data necessary for Service improvement and personalization. This includes: basic navigation patterns to improve user experience; general usage statistics to understand feature adoption; error tracking to identify and fix issues; and aggregated analytics to improve Service performance. You have the right to opt out of all behavioral tracking that is not essential for Service provision. We do not engage in session recording, keystroke logging, or detailed behavioral profiling of Consumer accounts without your explicit, informed consent. If you provide such consent, you may withdraw it at any time through your account settings.

4.5 Advanced Analytics, Intelligence Gathering, and Pattern Recognition

FOR BUSINESS USERS: We employ sophisticated analytics, artificial intelligence, and machine learning techniques to derive maximum insight, intelligence, and value from your data, including but not limited to:

Real-time session recording and replay capabilities that capture your entire interaction as high-definition video with full fidelity, including all mouse movements, clicks, scrolls, and form inputs; comprehensive heat mapping, click mapping, and attention mapping showing both individual and aggregated interaction patterns; rage click detection, frustration scoring, and confusion identification algorithms; detailed conversion funnel analysis, optimization, and prediction models; advanced cohort segmentation, behavioral clustering, and user categorization using unsupervised machine learning; sophisticated predictive modeling and propensity scoring using deep learning neural networks; sentiment analysis, emotion detection, and psychological state inference from interaction patterns; comprehensive anomaly detection, fraud scoring, and risk assessment using ensemble methods; cross-device, cross-browser, and cross-session identity resolution and tracking using probabilistic matching; attribution modeling and contribution analysis across all touchpoints; complete user journey reconstruction and path analysis; behavioral prediction and next-action forecasting; churn prediction and lifetime value modeling; and any other analytical techniques, whether currently existing or developed in the future, that provide insight into user behavior, psychology, preferences, intent, or characteristics.

FOR CONSUMERS: We use analytics to improve the Service and your experience, but with strict limitations: We use only aggregated and anonymized analytics that cannot identify you personally; We do not use analytics for discriminatory purposes; You can opt out of analytics that are not essential for Service operation; We will provide transparency reports about our analytics practices upon request.

4.6 Comprehensive Location, Movement, and Proximity Tracking

FOR BUSINESS USERS: We implement exhaustive location tracking using all available methods, technologies, and data sources including but not limited to:

GPS coordinates with maximum available precision, including latitude, longitude, altitude, accuracy, speed, bearing, and timestamp; WiFi-based positioning using visible access points, signal strength, and triangulation algorithms; cellular tower triangulation using tower IDs, signal strength, timing advance, and carrier data; Bluetooth beacon proximity detection, including iBeacon, Eddystone, and other protocols; IP address geolocation with city, region, country, and postal code identification; browser-based geolocation APIs and HTML5 location services; location inference from content interactions, search queries, preferences, and language settings; complete location history, movement patterns, travel routes, and commute analysis; frequently visited locations, dwell times, venue identification, and place categorization; proximity to other users, devices, locations, or points of interest; geofencing and location-based trigger monitoring; indoor positioning using WiFi, Bluetooth, and magnetic field mapping; and any other current or future method of determining, inferring, or approximating location.

FOR CONSUMERS: Location data collection requires your explicit opt-in consent: You can grant location access only while using the app or always; You can revoke location permission at any time through your device settings; We will only use location data for the specific purposes disclosed to you; We will not share precise location data with third parties without your explicit consent; You can use core Service features without providing location access.

4.7 Biometric, Physiological, and Behavioral Biometric Data Collection

FOR BUSINESS USERS: Where technically feasible and legally permissible, we may collect, process, and analyze biometric and physiological data including but not limited to:

Facial characteristics, facial recognition data, facial geometry, and facial expression analysis through camera access for age verification, engagement measurement, identity confirmation, or security purposes; voice patterns, voice prints, speech characteristics, vocal biomarkers, and audio signatures through microphone access; typing patterns, keystroke dynamics, typing rhythm, typing pressure, and keyboard biometrics for user verification and bot detection; mouse movement patterns, movement dynamics, cursor velocity, and pointing biometrics for user authentication; eye tracking, gaze patterns, pupil dilation, fixation points, and visual attention where supported by hardware; device motion patterns, handling characteristics, grip patterns, and orientation data indicating physical interaction; gait patterns, movement signatures, and locomotion characteristics from mobile devices; physiological responses, stress indicators, and arousal patterns inferred from interaction data; heart rate and heart rate variability where accessible through device sensors; and any other biometric, physiological, or behavioral biometric data that becomes accessible through device sensors, APIs, or new technologies.

FOR CONSUMERS: Biometric data collection is subject to strict legal requirements and your explicit rights:

Notice and Consent: We will never collect biometric data without first providing clear, conspicuous notice explaining: exactly what biometric data will be collected; the specific purpose for collection; how long the data will be stored; who will have access to the data; and your right to refuse or revoke consent.

Jurisdiction-Specific Rights: In Illinois (under BIPA), Texas, Washington, and other states with biometric privacy laws, we will: obtain your written consent before any biometric data collection; publish our biometric data retention and destruction schedule; destroy biometric data within 3 years or when the purpose ends, whichever is sooner; never sell, lease, or trade your biometric data; implement strong security measures for biometric data; and provide you with a private right of action for violations. In the EU/UK, biometric data is special category data requiring explicit consent and enhanced protections.

Alternative Options: You always have the right to refuse biometric data collection and request alternative verification methods.

4.8 Extensive Third-Party Tracking, Data Syndication, and Enhancement

FOR BUSINESS USERS: We utilize extensive third-party tracking services, data brokers, and enhancement providers, and you consent to unlimited tracking by all such third parties, including but not limited to:

Google ecosystem services including Google Analytics 4, Google Tag Manager, Google Ads, Google Marketing Platform, Vercel, Hotjar, Posthog, Firebase Analytics, and all other Google tracking and advertising services; Meta/Facebook ecosystem including Facebook Pixel, Facebook Conversions API, Facebook Analytics, Instagram insights, WhatsApp Business API, and all Meta advertising and tracking technologies; Microsoft ecosystem including Microsoft Clarity, Azure Analytics, LinkedIn Insight Tag, LinkedIn Ads, Bing Ads, and all Microsoft tracking services; Amazon ecosystem including Amazon Advertising, Amazon DSP, AWS analytics, and all Amazon tracking technologies; Cloudflare, Twitter/X Pixel, X Ads, and all related tracking services; Adobe Experience Cloud including Adobe Analytics, Adobe Target, and Adobe Audience Manager; Oracle Data Cloud, Oracle Eloqua, and Oracle marketing cloud services; Salesforce DMP, Marketing Cloud, and all Salesforce tracking services; programmatic advertising platforms including The Trade Desk, Amazon DSP, Google DV360, and Adobe Advertising Cloud; data enrichment services including Clearbit, ZoomInfo, Datanyze, FullContact, and Pipl; identity resolution services including LiveRamp, Neustar, and Merkle; hundreds of additional advertising, retargeting, attribution, and tracking pixels; and any other current or future third-party services that provide tracking, analytics, data enhancement, or audience building capabilities.

FOR CONSUMERS: Third-party tracking is limited and transparent:

Disclosure: We will maintain a list of all third-party services that may process your data; Purpose Limitation: Third parties may only process your data for the specific purposes we disclose; Opt-Out Rights: You can opt out of all non-essential third-party tracking through our privacy center; Data Processing Agreements: We maintain agreements with all third parties requiring them to protect your data.

4.9 Persistent, Cross-Context, and Everlasting Tracking

FOR BUSINESS USERS: Our tracking persists across all contexts, sessions, devices, and time periods through various advanced means including but not limited to:

Permanent cookies with no expiration date that persist indefinitely across browser sessions; evercookies and zombie cookies that automatically regenerate when deleted using multiple storage mechanisms; supercookies utilizing HSTS headers, ETag headers, and other protocol-level tracking; comprehensive browser fingerprinting that survives cookie deletion, private browsing, and VPN usage; local storage, IndexedDB, WebSQL, and File System API persistence; Flash cookies, Silverlight storage, Java storage, and all plugin storage mechanisms; cache-based tracking using cached resources, timing attacks, and cache inspection; DNS cache tracking, DNS prefetch tracking, and HSTS tracking; TLS session resumption tracking and session ticket tracking; cross-device tracking through deterministic matching (login-based) and probabilistic matching (behavioral patterns); cross-application tracking through mobile advertising identifiers (IDFA, AAID, OAID); cross-site tracking through third-party cookies, tracking pixels, and federation; email tracking pixels, web beacons, and invisible images; URL tracking parameters, UTM codes, and campaign identifiers; browser history sniffing and visited link detection; and any other current or future persistence mechanisms that maintain tracking continuity.

FOR CONSUMERS: Tracking is limited in duration and scope:

Session-Based: Most tracking ends when you close your browser or log out; Opt-Out Effective: Tracking is limited in both duration and scope. In most cases, session-based tracking ends when you close your browser, application, or log out of the Service. When you exercise an opt-out option, we will promptly cease the applicable non-essential tracking, although certain features of the Service may no longer function. We will not knowingly deploy methods designed to override or circumvent your expressed privacy choices. You may also request deletion of tracking data associated with your account, and we will delete or anonymize such data within a reasonable period, subject to any legal, security, or operational requirements that may require limited retention.

4.10 No Opt-Out for Essential and Required Tracking - Business Users

FOR BUSINESS USERS: Certain tracking technologies are essential to the operation, security, and lawful use of the Service and therefore cannot be disabled. These essential functions include, but are not limited to: security monitoring, threat detection, fraud prevention, and incident response; compliance with regulatory requirements, law enforcement cooperation, and valid legal orders; ensuring the proper functionality, reliability, and performance of core Service features; quality assurance, debugging, error monitoring, and system maintenance; account management, subscription tracking, usage metering, and billing; and verification processes such as age or identity confirmation required for compliance. Additionally, certain aggregated data collection may be used for business intelligence and market research purposes. By using the Service, you acknowledge and agree that this category of essential tracking is a necessary condition of Service access and cannot be opted out of.

4.11 Consumer Rights to Opt-Out and Control

FOR CONSUMERS: You have comprehensive rights to control tracking and data collection:

Global Opt-Out: You can opt out of all non-essential tracking with a single click through our privacy center; Granular Controls: You can selectively opt out of specific types of tracking while keeping others; Immediate Effect: Opt-out requests are processed immediately and tracking ceases instantly; No Degradation: Opting out of tracking will not degrade core Service functionality; Portability: Your privacy preferences travel with your account across devices; Education: We provide clear explanations of each type of tracking and its purpose.

5. COMPREHENSIVE PRIVACY, DATA PROTECTION, AND MULTI-JURISDICTIONAL COMPLIANCE

5.1 Integration and Relationship with Privacy Policy

Our Privacy Policy, available at https://liquorchat.ai/privacy-policy, is incorporated by reference into these Terms and provides additional detail about our data practices. The relationship between these Terms and the Privacy Policy is as follows:

FOR BUSINESS USERS: These Terms supersede the Privacy Policy in all respects. Where any conflict exists, these Terms prevail, particularly regarding data ownership, commercialization rights, and tracking consent.

FOR CONSUMERS: In the event of any conflict between these Terms and the Privacy Policy regarding your rights, the provision most favorable to you shall prevail. You are entitled to all rights and protections provided in either document.

5.2 Automated Decision-Making Technology (ADMT) Disclosure

We use automated decision-making technology, including artificial intelligence and machine learning algorithms, to process information and make or facilitate decisions. Your rights depend on your user category and jurisdiction:

FOR BUSINESS USERS: By using the Service, you provide unlimited consent for us to use automated decision-making technology for any purpose, including but not limited to: analyzing your business operations; scoring and ranking your performance; determining service availability and pricing; making credit or risk assessments; creating behavioral profiles; predicting future actions; and any other automated processing we deem appropriate. You waive any right to human review of automated decisions.

FOR CONSUMERS: You have significant rights regarding automated decision-making:

California Consumers: Under California Privacy Rights Act (CPRA) Automated Decision-Making Technology regulations effective January 1, 2027, you have the right to: opt out of automated decision-making technology that produces legal or similarly significant effects; access meaningful information about the logic involved in automated decisions; understand the significance and envisaged consequences of automated processing; request human review of any automated decision that significantly affects you; and receive notice before we use ADMT for significant decisions about you.

EU/UK/EEA Consumers: Under GDPR Article 22 and UK GDPR, you have the right not to be subject to decisions based solely on automated processing that produce legal effects or similarly significantly affect you. Exceptions apply only with: your explicit consent (which can be withdrawn); necessity for contract performance; or authorization by applicable law. When automated decision-making is used, you have the right to: obtain human intervention; express your point of view; contest the decision; and receive an explanation of the decision reached.

All Other Consumers: We will provide clear notice when automated decision-making is used for significant decisions; offer human review options where required by law; explain the factors considered in automated decisions when requested; and allow you to correct inaccurate information used in automated decisions.

5.3 International Data Transfers

Data transfers across international borders are subject to different requirements based on your user category:

FOR BUSINESS USERS: You provide unlimited consent for international transfer of all data without restriction. Your data may be transferred to, stored, and processed in any country where we or our service providers operate, including countries that may not provide the same level of data protection as your home country. You waive any rights to object to international data transfers and acknowledge that data may be subject to foreign government access.

FOR CONSUMERS: International data transfers are subject to appropriate safeguards:

- EU/UK/EEA Consumers: We will only transfer your personal data outside the European Economic Area or United Kingdom when: an adequacy decision exists for the destination country; we have implemented Standard Contractual Clauses approved by the European Commission or UK authorities; you have provided explicit consent after being informed of possible risks; the transfer is necessary for contract performance; or another lawful basis under - GDPR Chapter V applies. You have the right to: obtain a copy of the safeguards used; know which countries your data is transferred to; and lodge a complaint if you believe transfers are unlawful.

- Other International Consumers: We comply with applicable data localization and transfer restrictions in your jurisdiction, including requirements in Russia, China, India, and other countries with data sovereignty laws.

5.4 Data Retention and Deletion Rights

Data retention periods and deletion rights vary significantly between user categories and are subject to applicable legal requirements:

FOR BUSINESS USERS: We retain Business User data for extended periods to support business analytics, artificial intelligence training, Service improvement, and commercial purposes. Our standard retention practice for Business User data is as follows:

- Active Account Data: Retained for the duration of your account plus seven (7) years after account termination for business intelligence and analytical purposes

- Aggregated and Anonymized Data: May be retained indefinitely as it no longer identifies specific users or businesses

- AI Training Data: Data that has been integrated into machine learning models in aggregated or transformed form cannot be extracted or deleted from trained models

- Compliance and Legal Data: Retained as required by applicable law, regulation, or legal hold requirements

- Backup and Archive Data: May persist in backup systems for up to 180 days after deletion from primary systems

Important Exception for Business Users: Notwithstanding our standard retention practices, we will delete or anonymize Business User data when required by applicable law, including:

• Data subject requests under state privacy laws that extend rights to business representatives (such as California B2B provisions under CCPA)

- Requests from authorized representatives of business employees whose personal information we process

- Court orders or regulatory requirements mandating deletion

- Deletion requirements under data breach notification laws

Requirements under international data protection laws where applicable

FOR CONSUMERS: Data retention is limited and you have comprehensive deletion rights:

- Retention Periods: We retain Consumer personal data only as long as necessary for the following purposes:

- Account Data: For the duration of your account plus 30 days to allow for account recovery

- Transactional Data: 7 years as required for tax, accounting, and regulatory compliance

- Communication Logs: 2 years for customer service and dispute resolution purposes

- Behavioral Analytics Data: 13 months for Service improvement and personalization

- Marketing Data: Until you opt-out, plus 6 months on suppression lists to ensure opt-out is honored

- Security and Fraud Prevention Data: 3 years or as necessary to protect against identified threats

- Legal Hold Data: As required when subject to legal proceedings or investigations

- Consumer Deletion Rights: You have the right to request deletion of your personal data at any time by contacting alden@liquorchat.ai. Upon receiving a verified deletion request, we will:

- Delete your personal data from our active systems within 30 days

- Delete your data from backup systems within 90 days

- Instruct our service providers to delete your data

- Provide confirmation of deletion upon request

- You may also delete your account within the user settings

Exceptions to Deletion: We may retain certain data despite a deletion request only when necessary to:

- Complete transactions you've initiated

- Comply with legal obligations (tax records, regulatory requirements)

- Detect and prevent security incidents or fraudulent activity

- Debug and repair Service errors

- Exercise free speech or ensure another's right to free speech

- Comply with the California Electronic Communications Privacy Act

- Enable internal uses reasonably aligned with your expectations

- Comply with legal holds or preservation obligations

- Deletion Methods: When deleting data, we use industry-standard methods including:

- Logical deletion with cryptographic overwriting

- Physical destruction of storage media when decommissioned

- Secure deletion protocols that prevent recovery

- Certificate of destruction for sensitive data when requested

5.5 Comprehensive Consumer Rights by Jurisdiction

Consumer rights vary by jurisdiction, and you are entitled to all applicable protections:

European Union, United Kingdom, and European Economic Area Consumers:

Under the General Data Protection Regulation (GDPR), UK GDPR, and related laws, you have the following absolute rights that cannot be waived or limited by contract:

- Right of Access (Article 15): You can obtain confirmation of whether we process your personal data; access to your personal data; and information about purposes, categories, recipients, retention periods, your rights, sources, and automated decision-making.

- Right to Rectification (Article 16): You can require us to correct inaccurate personal data and complete incomplete data without undue delay.

- Right to Erasure/"Right to be Forgotten" (Article 17): You can require deletion when: data is no longer necessary; you withdraw consent; you object to processing; processing is unlawful; or deletion is required by law.

- Right to Restrict Processing (Article 18): You can require us to restrict processing while: verifying accuracy; determining lawfulness; preserving data for legal claims; or considering your objection.

- Right to Data Portability (Article 20): You can receive your data in a structured, commonly used, machine-readable format and transmit it to another controller.

- Right to Object (Article 21): You can object to processing based on legitimate interests, direct marketing, or research purposes.

- Rights Regarding Automated Decision-Making (Article 22): You can avoid being subject to solely automated decisions with significant effects.

- Right to Lodge Complaints: You can lodge complaints with your local supervisory authority.

California Consumers:

Under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), you have:

- Right to Know: You can request disclosure of: categories of personal information collected; sources of personal information; business purposes for collection; categories of third parties with whom we share data; and specific pieces of personal information.

- Right to Delete: You can request deletion of personal information, subject to exceptions.

- Right to Opt-Out: You can opt out of: sale of personal information; sharing for cross-context behavioral advertising; and use for automated decision-making technology.

- Right to Correct: You can request correction of inaccurate personal information.

- Right to Limit Use: You can limit use and disclosure of sensitive personal information.

- Right to Non-Discrimination: You cannot be discriminated against for exercising privacy rights.

- Brazilian Consumers: Under Lei Geral de Proteção de Dados (LGPD), you have rights to: access; correction; anonymization; portability; deletion; information about sharing; information about consent withdrawal; and opposition to processing.

- Canadian Consumers: Under PIPEDA and provincial laws, you have rights to: access personal information; challenge accuracy; withdraw consent; and lodge complaints with the Privacy Commissioner.

- Australian Consumers: Under the Privacy Act and Australian Privacy Principles, you have rights to: access personal information; correction of inaccurate data; and complaints to the Office of the Australian Information Commissioner.

- All Other Consumers: You maintain all rights provided under applicable data protection laws in your jurisdiction, which cannot be waived or limited by these Terms.

5.6 - Comprehensive State Privacy Law Compliance

In addition to federal privacy requirements and the international data protection laws described elsewhere in these Terms, we comply with comprehensive state privacy laws that provide rights to both consumers and, in some cases, business representatives:

5.6.1 Multi-State Privacy Rights

The following state privacy laws provide various rights that may apply to you based on your state of residence or where you conduct business:

- Virginia Consumer Data Protection Act (VCDPA) - Effective January 1, 2023

Applies to Virginia residents acting in an individual or household context

Rights include: access, correction, deletion, portability, and opt-out of sale/targeted advertising

Business representatives may have limited rights when personal information is processed

- Colorado Privacy Act (CPA) - Effective July 1, 2023

Applies to Colorado residents acting in individual or household capacity

Includes right to opt-out of profiling in furtherance of decisions with legal effects

Universal opt-out mechanism support required

Business context processing may trigger certain security and data protection obligations

- Connecticut Data Privacy Act (CTDPA) - Effective July 1, 2023

Applies to Connecticut residents acting as consumers

Enhanced rights for minors including opt-in consent for processing

Business-to-business data may be covered in certain contexts

- Utah Consumer Privacy Act (UCPA) - Effective December 31, 2023

Applies to Utah residents acting as consumers

Streamlined rights focusing on access, deletion, and opt-out

Reduced compliance burden but covers business representative data in some cases

- Oregon Consumer Privacy Act (OCPA) - Effective July 1, 2024

Comprehensive rights similar to Colorado including profiling opt-out

Extends certain protections to business representatives

- Texas Data Privacy and Security Act (TDPSA) - Effective July 1, 2024

Applies to Texas residents in personal capacity

Includes global opt-out recognition requirements

Business data covered when it relates to identified individuals

- Montana Consumer Data Privacy Act - Effective October 1, 2024

Enhanced protections for precise geolocation and biometric data

Business context data covered in certain circumstances

5.6.2 State-Specific Business User Rights

California Business Representative Rights: Under CCPA as amended, California residents acting as employees, contractors, or representatives of businesses may have rights regarding their personal information, including:

- Right to know what personal information we collect

- Right to deletion subject to business necessity exceptions

- Right to opt-out of sale/sharing of personal information

- Right to non-discrimination for exercising privacy rights These rights became fully effective January 1, 2023, for business representatives.

5.6.3 Universal Privacy Controls

We recognize and honor universal privacy control signals including:

- Global Privacy Control (GPC) for automated opt-out of sale/sharing

- Do Not Track settings for Consumer accounts

- State-specific opt-out preference signals as they are developed

5.6.4 Verification and Appeal Rights

For privacy rights requests under state laws:

- Verification: We verify identity through account authentication or government ID

- Response Time: Within 45 days, with one 45-day extension if necessary

- Appeals: If we deny your request, you may appeal to alden@liquorchat.ai

- Attorney General Complaint: You may lodge complaints with your state Attorney General

5.7 Data Breach Notification

In the event of a data breach affecting personal information:

- We will notify affected users within 72 hours of discovery where required by law

- Notification will include the nature of the breach, likely consequences, and mitigation measures

- We maintain incident response procedures compliant with GDPR, state breach notification laws, and other applicable requirements

6: ELECTRONIC COMMUNICATIONS AND TCPA COMPLIANCE

6.1 Consent for Electronic Communications

FOR BUSINESS USERS: By providing your contact information, you agree that we may send you transactional and operational communications related to your use of the Service via email, SMS, or other electronic means. These communications may include account notifications, security alerts, service updates, billing notices, and technical support messages. These are considered necessary to provide the Service and do not require separate marketing consent.

Marketing communications will only be sent if you have provided your express opt-in consent. By opting in, you agree to receive promotional messages about our products, services, and industry updates. You understand that: (a) providing consent for marketing is not a condition of purchasing or using the Service; (b) you may withdraw your consent at any time using the methods outlined in Section 6.3; (c) message frequency may vary but will not exceed a reasonable number (no more than 10 per month); and (d) standard message and data rates may apply depending on your carrier.

FOR CONSUMERS: We will only send you electronic communications in accordance with applicable law. Essential service-related messages, such as account notifications, security alerts, and service updates, may be sent without additional marketing consent.

Marketing messages will only be sent with your prior express written consent. By opting in, you agree to receive promotional messages about our products and services, subject to the following: (a) you may revoke consent at any time using the methods described in Section 6.3; (b) marketing message frequency will be limited to a reasonable number, not exceeding 10 messages per month; (c) marketing messages will only be sent during legally permitted hours (generally 8:00 AM to 9:00 PM local time unless otherwise restricted by law); and (d) standard message and data rates may apply depending on your carrier.

6.2 TCPA and State Law Compliance

We comply with the Telephone Consumer Protection Act (TCPA), as amended, and all applicable state laws regarding electronic communications:

- Federal Compliance: We maintain compliance with all TCPA requirements including: documented consent records; National Do Not Call Registry compliance; proper message identification; and automated opt-out processing within 10 business days.

- State-Specific Requirements: We comply with additional state requirements including:

- Florida: Maximum 3 messages per 24-hour period on same subject matter

- Connecticut: Express written consent for all commercial messages

- Oklahoma: 30-day processing window for opt-out requests where applicable

- All other applicable state mini-TCPA laws

6.3 Opt-Out and Revocation of Consent

Universal Opt-Out Rights: All users may revoke consent for electronic communications at any time through any reasonable means:

- Text Message Opt-Out: Reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message. We will process natural language opt-out requests when possible (e.g., "please stop texting me").

- Other Opt-Out Methods:

- Click unsubscribe link in any email

- Update preferences in account settings

- Email alden@liquorchat.ai

Opt-Out Processing: We will process opt-out requests within 10 business days and send one final confirmation message. Opting out of marketing messages will not affect your receipt of transactional messages necessary for Service operation.

7. LICENSE GRANT, OUTPUT RESTRICTIONS, AND USE LIMITATIONS

7.1 Extremely Limited License to Access Service

Subject to your strict, complete, and continuous compliance with every provision of these Terms, Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, temporary, and personal license solely to access and use the Service for:

FOR BUSINESS USERS: Any lawful business purpose consistent with these Terms, including commercial use, integration into business operations, and serving business customers;

FOR CONSUMERS, non-commercial use only, excluding any business, professional, or commercial activities.

This license is automatically and immediately revoked upon any breach of these Terms or termination for any reason.

7.2 Comprehensive Output Restrictions and AI Limitations

"Output" means any content, text, recommendations, analyses, or other materials generated by our AI system. You acknowledge critical limitations:

- Accuracy Disclaimer: Outputs may contain errors or inaccuracies. Current AI technology has inherent limitations and all outputs require human verification. Outputs require mandatory human verification before any use or reliance.

- Prohibited Uses of Output: You are absolutely prohibited from using outputs to:

Train, develop, fine-tune, or improve any competing artificial intelligence system, machine learning model, or algorithmic service (per Thomson Reuters v. ROSS Intelligence, D. Del. 2025, establishing that such use does not constitute fair use and violates intellectual property rights);

- Create any product, service, platform, or offering that competes with or could substitute for our Service; 

- Make high-risk, safety-critical, or legally significant decisions without human review and verification; 

- Provide medical, legal, financial, or professional advice without appropriate professional oversight; 

- Violate any third-party intellectual property rights, including copyrights, trademarks, or patents;

- Generate content for publication without disclosure that it is AI-generated;

- Create misleading, deceptive, or fraudulent content;

- Circumvent any technological protection measures;

- Violate any applicable laws or regulations;

- Harm, harass, or discriminate against any individual or group.

7.3 Comprehensive Acceptable Use Policy and Prohibited Activities

You are strictly prohibited from engaging in or attempting any of the following:

- Legal Violations: Violating any international, federal, state, or local laws; facilitating illegal activities; violating alcohol regulations; circumventing age restrictions; money laundering or financial crimes; violating sanctions or export controls.

- Security Violations: Attempting to breach our security; accessing unauthorized data or systems; circumventing access restrictions; interfering with Service operation; imposing unreasonable load on infrastructure; conducting penetration testing without permission.

- Intellectual Property Violations: Infringing any patents, copyrights, trademarks, or trade secrets; removing proprietary notices; reverse engineering our systems; creating derivative works without permission; scraping or harvesting data.

Data and Privacy Violations: 

FOR BUSINESS USERS: Extracting customer data without our written consent; violating data export restrictions in Section 3.4; attempting to transfer data ownership. 

FOR ALL USERS: Violating privacy laws; collecting data without consent; failing to secure personal data.

- AI Misuse: Training competing AI models with our outputs; prompt injection attacks; attempting to jailbreak AI systems; exploiting AI vulnerabilities; misrepresenting AI content as human-created.

- Harmful Content: Submitting illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content; content that promotes violence or discrimination; content harmful to minors; malware or malicious code.

Commercial Violations: 

FOR BUSINESS USERS: Reselling without authorization; violating competitive restrictions; exceeding usage limits.

FOR CONSUMERS: Using the Service for any commercial purpose; 

SECTION 8: ARTIFICIAL INTELLIGENCE TERMS

8.1 Restrictions on Use of Service for AI Development

Prohibition on Competitive AI Training: You may not use the Service, including any Output, data, or insights derived from the Service, to develop, train, fine-tune, or improve any artificial intelligence system, machine learning model, or similar technology that competes with or could reasonably be used as a substitute for any aspect of our Service.

Remedies for Violation:

FOR BUSINESS USERS: Violation of this restriction constitutes a material breach and will result in:

- Immediate termination of Service access

- Liability for actual damages, including our development costs, lost profits, and the reasonable value of the misappropriated technology

- Injunctive relief to prevent further use of our technology

- Payment of our reasonable attorneys' fees and costs

- In cases where actual damages are difficult to calculate, you agree that reasonable compensation for unauthorized AI training use shall be the greater of: (a) $250,000, or (b) a - reasonable royalty based on the commercial value of the competing service developed.

FOR CONSUMERS: Consumer use is limited to personal, non-commercial purposes. Development of competing AI systems would constitute commercial use in violation of the Consumer license grant.

8.2 AI Transparency and Limitations

Nature of AI Service: You acknowledge that our AI system:

- Generates outputs based on statistical patterns rather than factual databases

- May produce inaccurate, incomplete, or fabricated information

- Cannot guarantee consistency between outputs

- Should not be relied upon for critical decisions without human verification

- Error Rates: Current large language model technology exhibits error rates that vary by use case and query complexity. Critical information should always be independently verified.

8.3 Regulatory Evolution and Compliance Uncertainty

AI regulation is rapidly evolving globally with significant uncertainty:

Regulatory Landscape: New AI laws are being proposed and enacted regularly across jurisdictions; regulatory interpretations are still developing; enforcement approaches vary significantly; technical standards are still being defined; and international coordination is limited.

Our Approach: We will make commercially reasonable efforts to comply with applicable AI regulations; however, we do not warrant full compliance with all current or future requirements. Service modifications or termination may be necessary for regulatory compliance.

Your Responsibility: You are solely responsible for: monitoring AI regulations in your jurisdiction; determining applicable requirements for your use case; implementing necessary compliance measures; and accepting risks of regulatory non-compliance.

9. COMPREHENSIVE MERCHANT TERMS AND B2B LIABILITY SHIFTING

9.1 Additional Representations, Warranties, and Obligations for Business Users

If you are a Business User, Merchant, or any commercial entity, you make the following additional representations and warranties:

- Business Authorization: You represent and warrant that: you are duly organized, validly existing, and in good standing; you have full corporate power and authority to enter these Terms; the person accepting has actual authority to bind your organization; these Terms are valid and enforceable against your organization; and performance will not violate any other agreements.

- Regulatory Compliance: You represent and warrant that: you have all licenses required for your business; you maintain alcohol licenses if selling alcohol; you comply with all applicable laws and regulations; you have implemented required data protection measures; and you maintain appropriate insurance coverage.

- Operational Requirements: You agree to: ensure all employees and agents comply with these Terms; implement appropriate access controls; maintain security of login credentials; monitor and audit Service use; and promptly report any violations or breaches.

9.2 Indemnification by Business Users

Indemnification Obligation: If you are a Business User, you agree to indemnify, defend, and hold harmless InStoreAdvisor Inc., its affiliates, and their respective officers, directors, employees, and agents (collectively, "Indemnified Parties") from and against any third-party claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

(a) Your use or misuse of the Service; (b) Your violation of these Terms; (c) Your violation of applicable laws or regulations; (d) Your infringement of any third party's intellectual property or other rights; (e) Content or data you submit to the Service; (f) Your end users' use of or interaction with the Service; (g) Any breach of your representations and warranties; (h) Your negligent or wrongful acts or omissions.

Indemnification Process: 

We will: promptly notify you of any claim subject to indemnification; provide reasonable cooperation in the defense; and allow you to control the defense and settlement, provided that you may not settle any claim that imposes liability on us without our written consent.

Limitations: 

This indemnification obligation: excludes claims arising solely from our gross negligence or willful misconduct; survives termination of these Terms for a period of three (3) years; and is limited to third-party claims (not direct claims between the parties).

9.3 Complete Assumption of End-User Liability by Business Users

BUSINESS USERS ONLY: You acknowledge and agree that you are solely responsible for all interactions between the Service and your end users, customers, employees, and any third parties who access or use the Service through your account or implementation. This responsibility includes, without limitation:

- Age Verification: You are responsible for verifying the age of all end users and ensuring that no minors gain access to alcohol-related content through your use of the Service.

- Data Protection: You are responsible for maintaining compliance with all applicable privacy and data protection laws, including the collection of appropriate consents, safeguarding of end-user data, and addressing any data breaches or violations.

- Consumer Protection: You are responsible for compliance with consumer protection laws, including handling of customer complaints, product or service warranties, unfair practice claims, and all consumer disputes.

- Accessibility: You are responsible for ensuring that your implementation of the Service complies with applicable accessibility laws and standards, including providing accommodations for individuals with disabilities.

- Content Responsibility: You are responsible for all content displayed to end users through your use of the Service, including any AI-generated content, and for ensuring such content complies with applicable laws and does not mislead, harm, or infringe the rights of others.

You acknowledge that the Company provides the Service as a technology platform only, and that you bear sole responsibility for compliance in relation to your end users.

9.4 White-Label and Integration Requirements

If you integrate our Service into your offerings as a white-label solution or through any integration:

- End User Terms: All end users must explicitly accept these Terms before accessing any Service functionality; you may not modify these Terms without our written consent; and you must ensure Terms acceptance is properly documented.

- Required Attributions: You must display "Powered by LiquorChat" or similar attribution unless otherwise agreed in writing; attribution must be clearly visible and proximate to Service functionality; and you may not suggest ownership of our technology.

- Data Disclosure: You must clearly disclose to end users that: 

FOR BUSINESS IMPLEMENTATIONS: We own all data created through the Service; we may use data for AI training and commercialization; and competitors may benefit from aggregated insights.

- Liability Assumption: You assume all liability for the integration including: technical implementation and security; end user support and complaints; regulatory compliance; and any damages arising from integration.

9.5 Competitive Intelligence and Revenue Sharing

No Revenue Sharing: We retain 100% of revenue from data commercialization. You have no right to revenue sharing, profit participation, or compensation for data value created through your use.

Competitor Access: 

You acknowledge and accept that: we provide Service to your direct competitors; aggregated insights from your data benefit competitors; we may publish industry reports including your data; we have no obligation to maintain confidentiality; and competitive disadvantage may result.

Data Products: 

We may create and sell data products including: industry benchmarks and reports; market intelligence and trends; predictive models and analytics; and any other commercial data products. You have no right to restrict our data commercialization.

10. FEES, PAYMENTS, AND FINANCIAL TERMS

10.1 Current Pricing and Future Changes

Our current pricing is published on our website and may include free tiers with usage limitations, paid subscriptions with enhanced features, usage-based pricing for API calls, and custom enterprise pricing.

FOR BUSINESS USERS: We may update our pricing structure from time to time, including by introducing new fees, adjusting existing pricing, converting free features to paid, or modifying billing frequencies. We will provide at least fourteen (14) days’ prior notice of any price changes. Your continued use of the Service after the notice period constitutes acceptance of the new pricing.

FOR CONSUMERS: Any changes to fees or pricing will be communicated with reasonable advance notice, in accordance with applicable consumer protection laws (not less than fourteen (14) days). You will always have the right to cancel your subscription or discontinue use of the Service before changes take effect without penalty.

10.2 Payment Terms and Billing

By providing a payment method, you authorize us to charge it automatically for subscription fees, usage-based fees, and any applicable overage charges. We may also update your stored payment information and retry failed charges, consistent with payment network rules.

FOR BUSINESS USERS: All subscription fees are billed in advance unless otherwise agreed in writing. Net payment terms may be available with approved credit. Late payments may accrue interest at the rate of 1.5% per month (or the maximum rate permitted by law, if lower). You are responsible for reasonable costs incurred in collecting overdue amounts. Refunds are not provided, except where required by law.

FOR CONSUMERS: Your payments are subject to any applicable statutory refund rights, cooling-off periods, and dispute rights provided by consumer protection laws or card network rules. If you cancel a prepaid subscription, you may be entitled to a pro-rata refund for the unused portion, as required by applicable law.

All fees are exclusive of applicable taxes, and you are responsible for all taxes other than those based on our net income.

10.3 Disputed Charges and Chargebacks

If you believe there is an error in billing, you must notify us in writing within thirty (30) days of the charge. If you do not dispute a charge within that time, the charge will be considered accepted.

FOR BUSINESS USERS: Before initiating a chargeback, you must first contact us to resolve the issue. If you initiate a chargeback without doing so, we may suspend or terminate your Service and you may be responsible for chargeback fees and related costs.

FOR CONSUMERS: You retain all dispute rights provided by your payment card issuer and applicable consumer protection laws. We encourage you to contact us first so we can attempt to resolve any issue before you pursue a chargeback.

10.4 Service Availability

FOR BUSINESS USERS: While we strive for high availability, the Service is provided without specific uptime guarantees unless covered by a separate enterprise agreement.

FOR CONSUMERS: We will provide reasonable notice of planned maintenance that may affect Service availability.

11: WARRANTIES, DISCLAIMERS, AND LIMITATIONS OF LIABILITY

11.1 Limited Warranty

FOR BUSINESS USERS: We warrant that the Service will perform substantially in accordance with our documentation during your subscription term. If the Service fails to meet this warranty, your exclusive remedy is for us to use commercially reasonable efforts to correct the material nonconformity, or if we cannot do so, you may terminate your subscription and receive a pro-rata refund of prepaid fees for the unused subscription period.

FOR CONSUMERS: You have all warranty rights provided under applicable consumer protection laws, which cannot be waived or limited by these Terms. In addition to statutory warranties, we warrant that the Service will provide the core functionality described in our Service description.

11.2 Disclaimers

EXCEPT FOR THE EXPRESS WARRANTIES ABOVE, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

We do not warrant that: the Service will be uninterrupted or error-free; the Service will meet all your requirements; or Output will be accurate, complete, or reliable.

11.3 Limitation of Liability

FOR BUSINESS USERS: Cap on Liability: Our total cumulative liability for all claims arising from or relating to these Terms or the Service shall not exceed the greater of: (a) the total fees actually paid by you for the Service in the twelve (12) months preceding the claim, or (b) $1,000.

- Exclusion of Certain Damages: We shall not be liable for: indirect, incidental, special, consequential, or punitive damages; loss of profits, revenue, or business opportunities; loss of data or use; or cost of substitute services, even if we knew or should have known of the possibility of such damages.

FOR CONSUMERS: These limitations do not apply to liability that cannot be excluded or limited under applicable consumer protection law, including liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; breach of statutory consumer rights; or product liability claims.

11.4 Essential Basis of the Bargain

These limitations of liability, disclaimers of warranties, and allocations of risk are essential elements of the bargain between the parties. The Service would not be provided without these limitations, and the pricing (including free access for certain users) reflects this allocation of risk. You acknowledge that you have had the opportunity to review these limitations with legal counsel.

SECTION 12: DISPUTE RESOLUTION

12.1 Arbitration Agreement - Business Users Only

FOR BUSINESS USE ONLY: Except for disputes involving intellectual property, Business Users agree that all disputes will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration will be conducted by a single arbitrator with relevant commercial software experience. Claims exceeding $100,000 will be heard in Wilmington, Delaware; claims of $100,000 or less may be heard at your principal place of business or by video conference. For claims under $100,000, the Company will cover AAA filing fees. Each party bears its own attorneys’ fees, except where the arbitrator awards fees to the prevailing party under applicable law. Arbitration is conducted on an individual basis, and class or representative actions are waived.

12.2 Consumer Dispute Resolution

Consumers are not subject to mandatory arbitration. U.S. Consumers retain the right to bring claims in small claims court, participate in class actions where permitted, and pursue complaints through consumer protection agencies. EU/UK/EEA Consumers may bring proceedings in their local courts and access the EU Online Dispute Resolution platform. Nothing in these Terms limits your rights under mandatory consumer protection or unfair contract laws.

12.3 Governing Law

FOR BUSINESS USERS, these Terms are governed exclusively by Delaware law, without regard to conflict-of-law rules. 

FOR CONSUMERS, Delaware law applies only to the extent consistent with mandatory consumer protections in your jurisdiction. In the EU/UK/EEA, local mandatory laws take precedence.

13. TERM, TERMINATION, AND SURVIVAL

13.1 Term

These Terms commence upon your first acceptance or use of the Service and continue until terminated in accordance with this Section.

13.2 Termination by You

FOR BUSINESS USERS: You may terminate your use of the Service at any time by: deleting your account through account settings; submitting a termination request to alden@liquorchat.ai; or ceasing all use of the Service.

FOR CONSUMERS: You may terminate for any reason without penalty. If you have paid in advance for subscription services, you may be entitled to a pro-rata refund for the unused period, depending on your jurisdiction and applicable law.

13.3 Termination by Company

We may terminate or suspend your access to the Service:

FOR BUSINESS USERS: Immediately at any time for any reason or no reason, with or without notice, with or without cause, in our sole discretion.

FOR CONSUMERS: For material breach of Terms after reasonable notice and opportunity to cure where practicable; immediately for serious violations including illegal activity, fraud, or safety concerns; as required by law or court order; for no reason as all, or if we discontinue the Service with reasonable notice.

13.4 Effects of Termination

Upon termination, the following occurs:

- Immediate Effects: Your license to use the Service terminates immediately; you must cease all use and access; you remain liable for all accrued fees and charges; and certain provisions survive as described below.

Data Handling: 

FOR BUSINESS USERS: We retain all data and rights permanently; no refunds are provided; and data continues to be used for AI training and commercialization. 

FOR CONSUMERS: We delete personal data upon request subject to legal retention requirements; provide data export upon request where technically feasible; and maintain suppression lists to honor opt-outs.

13.5 Survival of Terms

The following provisions survive termination indefinitely: Business User data ownership and assignments (Section 3); Indemnification obligations (Section 9.2); Liability limitations and disclaimers (Section 11); Arbitration and dispute resolution (Section 12); Confidentiality obligations; Accrued payment obligations; and any other provisions that by their nature should survive.

14. MODIFICATIONS TO TERMS

14.1 Our Right to Modify

We may modify these Terms from time to time. 

FOR BUSINESS USERS, Changes become effective immediately after notice.

FOR CONSUMERS, Changes take effect only after a reasonable notice period (minimum 7 days or longer where required by law). You may reject material adverse changes by discontinuing use of the Service, and you may terminate without penalty with refunds for any pre-paid amounts.

We will not apply changes to previously collected personal data or past transactions in a way that materially reduces your rights without providing any required notice and, where applicable, obtaining your consent.

14.2 Notice of Modifications

We will provide notice of material modifications by one or more of the following methods: posting updated Terms on the Service; sending email to your registered address; displaying a prominent notice on the Service; requiring affirmative acceptance for continued use; or any other reasonable method.

Notice Periods: 

FOR BUSINESS USERS: Changes effective immediately. 

FOR CONSUMERS: Changes effective after reasonable notice period as required by applicable law (minimum 7 days), with longer periods for material adverse changes.

14.3 Your Rights Upon Modification

FOR BUSINESS USERS: Continued use after the notice period constitutes acceptance of modified Terms. If you do not agree, you must cease using the Service.

FOR CONSUMERS: You may reject modifications by discontinuing Service use. For material adverse changes: you may terminate without penalty; you may be entitled to refunds for pre-paid periods; and previously accepted terms may continue to apply to the extent permitted by law.

15. GENERAL PROVISIONS

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between the parties relating to the Service and supersede all prior or contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written.

15.2 Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, void, or unenforceable:

FOR BUSINESS USERS: The provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent. If modification is not possible, the provision shall be severed and the remainder of the Terms shall continue in full force and effect.

FOR CONSUMERS: Invalid provisions shall be severed without affecting any of your statutory rights or protections. If severance would undermine your consumer protections, the more favorable interpretation shall apply.

15.3 No Waiver

No waiver of any provision of these Terms shall be effective unless made in writing and signed by the authorized representative of the waiving party. No waiver of any breach or default shall constitute a waiver of any subsequent breach or default. Our failure to enforce any right or provision shall not be deemed a waiver of such right or provision.

15.4 Assignment

Your Rights: You may not assign, delegate, or transfer these Terms or any rights or obligations hereunder without our prior written consent, and any attempted assignment shall be null and void.

Our Rights: We may freely assign these Terms and all rights and obligations hereunder to any party without your consent, including in connection with any merger, acquisition, sale of assets, or by operation of law.

Consumer Protection: 

FOR CONSUMERS: We will provide notice of any assignment that may materially affect your rights, and you may have termination rights under applicable law.

15.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to: acts of God; natural disasters; pandemic or epidemic; war, terrorism, or civil unrest; strikes or labor disputes; government actions or regulations; internet or utility failures; or any other force majeure event.

15.6 Relationship of the Parties

Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between the parties. Neither party has any authority to bind the other or incur obligations on the other's behalf.

15.7 Notices

Notices to Company: All legal notices to Company should be sent to: InStoreAdvisor Inc. Attn: Legal Department 4465 East Genesee St Syracuse NY 132145 Email: alden@liquorchat.ai

Notices to You: We may provide notices to you via: email to your registered address; posting on the Service; push notifications; or any other reasonable method.

15.8 Interpretation

These Terms shall be interpreted fairly according to their plain meaning. Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation." 

FOR CONSUMERS: Any ambiguity shall be resolved in your favor to the extent required by applicable consumer protection law.

16. ACCESSIBILITY AND ACCOMMODATION

We are committed to ensuring the Service is accessible to individuals with disabilities in compliance with applicable accessibility laws including the Americans with Disabilities Act (ADA), Section 508 of the Rehabilitation Act, and international accessibility standards. If you need assistance, accommodation, or an alternative format of these Terms, please contact alden@liquorchat.ai.

17. SPECIFIC CONSUMER NOTICES BY JURISDICTION

17.1 European Union Consumer Notice

Consumers resident in EU member states have special rights under EU law that cannot be waived by contract, including:

- Consumer Rights Directive (2011/83/EU): 14-day withdrawal right for digital services; clear information before purchase; no hidden charges or costs; and protection against unfair terms.

- Digital Content Directive (2019/770): Right to conforming digital content; remedies for non-conformity; and updates necessary for conformity.

- Unfair Commercial Practices Directive (2005/29/EC): Protection against misleading and aggressive practices.

- Online Dispute Resolution: The European Commission provides a platform for online dispute resolution at ec.europa.eu/odr. Our email for ODR is odr@liquorchat.com.

17.2 United Kingdom Consumer Notice

UK consumers have rights under the Consumer Rights Act 2015 and related laws, including: digital content must be of satisfactory quality, fit for purpose, and as described; right to repair, replacement, or refund for non-conforming content; protection against unfair terms; and access to alternative dispute resolution.

17.3 California Consumer Notice

California residents have additional rights under California law:

- CCPA/CPRA: Comprehensive privacy rights including access, deletion, opt-out, and non-discrimination.

- Automatic Renewal Law (ARL): Clear disclosure of subscription terms; easy cancellation mechanisms; and notice before renewals.

- Consumer Legal Remedies Act (CLRA): Protection against unfair methods of competition and unfair or deceptive acts.

- Shine the Light Law: Right to request information about personal information sharing for direct marketing.

- For California-specific privacy requests: alden@liquorchat.ai.

17.4 Australian Consumer Notice

Australian consumers have rights under the Australian Consumer Law that cannot be excluded, including:

- Our goods come with guarantees including acceptable quality, fitness for purpose, and matching description. Our services come with guarantees including due care and skill and fitness for purpose. For major failures with goods or services, you are entitled to a replacement or refund and compensation for other reasonably foreseeable loss or damage. For minor failures, we may choose to provide a repair, replacement, or refund.

SECTION 18 - ALCOHOL REGULATORY COMPLIANCE

18.1 Compliance with Alcohol Regulations

Three-Tier System Compliance: The Service is designed to comply with the three-tier system of alcohol distribution. Business Users represent and warrant that they will not use the Service to:

- Facilitate direct sales between tiers except where legally permitted

- Provide things of value between tiers in violation of tied-house laws

- Share data between tiers that would violate regulatory requirements

- Create exclusive dealing arrangements in violation of franchise laws

- Circumvent territorial restrictions in control states or franchise states

Age Verification: All users must be of legal drinking age. Business Users are solely responsible for verifying the age of their customers and ensuring no minors access alcohol-related content through their implementation of the Service.

18.2 Business User Alcohol Compliance Obligations

Business Users in the alcohol industry represent and warrant that they:

- Hold all required federal, state, and local licenses for their alcohol-related activities

- Will comply with all applicable alcohol regulations, including advertising restrictions

- Will maintain required records and reports as mandated by TTB and state authorities

- Will not use the Service to facilitate illegal alcohol sales or distribution

- Will implement appropriate age gates for any consumer-facing features

- Will comply with state-specific regulations regarding hours of sale, delivery, and marketing

- Will maintain compliance with applicable responsible beverage service requirements

18.3 Marketing and Advertising Compliance

Any use of the Service for alcohol marketing must comply with:

- Federal Trade Commission guidelines on alcohol advertising

- TTB advertising provisions under the Federal Alcohol Administration Act

- State alcohol marketing restrictions and social media advertising requirements

- Social media platform alcohol advertising policies

- Industry self-regulatory codes (Beer Institute, Distilled Spirits Council, Wine Institute)

- Mandatory health warning requirements where applicable

- Restrictions on marketing to minors or on college campuses

- We reserve the right to suspend Service for violations of alcohol regulations or if required by regulatory authorities.

18.4 Trade Spend and Promotional Compliance

Trade Spend Tracking: Business Users engaged in alcohol distribution or retail must:

- Track and report all discounts, promotions, rebates, and incentives in compliance with federal and state trade spend regulations

- Maintain records of all promotional allowances, display fees, and slotting arrangements

- Ensure all trade spend complies with federal "proportionally equal" and "made available" requirements

- Document all samples, tastings, and promotional items in accordance with regulatory requirements

- Comply with state-specific limitations on discounting and quantity promotions

- Prohibited Trade Practices: The Service may not be used to facilitate:

- Consignment sales except where specifically permitted by state law

- Exclusive outlet violations

- Commercial bribery or kickbacks

- Discriminatory pricing in violation of Robinson-Patman Act

- Credit extensions beyond state-mandated terms

18.5 Franchise Law and Territory Compliance

Franchise State Compliance: In states with alcohol franchise laws, Business Users must:

- Comply with territorial restrictions and exclusive dealing arrangements established by statute

- Honor franchise agreements and statutory notice requirements for termination

- Maintain compliance with state-specific franchise protection laws

- Not use the Service to circumvent territorial assignments or franchise protections

- Comply with mandatory rest periods and brand registration requirements

- Territory Management: The Service provides tools for territory management but Business Users are solely responsible for ensuring territorial assignments comply with applicable law.

18.6 Direct-to-Consumer Restrictions

DTC Limitations: The Service may not be used to facilitate direct-to-consumer sales of alcoholic beverages except in strict compliance with applicable law:

Prohibited States: Service may not be used to facilitate DTC sales in states where such sales are prohibited (including but not limited to Utah, Mississippi, Alabama, Oklahoma, Kentucky, and others)

Limited DTC States: In states with limited DTC permissions, Business Users must comply with all licensing, volume limitations, and reporting requirements

Interstate Commerce: All interstate shipments must comply with both origin and destination state laws

Carrier Compliance: Business Users must ensure carriers are properly licensed for alcohol delivery

Reporting Requirements: All required reports to state authorities must be filed timely

18.7 Regulatory Audit and Cooperation

Business Users agree to:

- Cooperate with any regulatory audits or investigations

- Provide access to records as required by regulatory authorities

- Immediately notify Company of any regulatory violations or investigations

- Maintain adequate insurance coverage for alcohol liability

- Implement compliance training for all staff using the Service

- Company reserves the right to:

- Audit Business User compliance with alcohol regulations

- Suspend or terminate access for regulatory violations

- Report violations to appropriate regulatory authorities

- Modify the Service to ensure regulatory compliance

FINAL ACKNOWLEDGMENT AND ACCEPTANCE

BY ACCESSING, BROWSING, OR USING THE SERVICE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF SERVICE IN THEIR ENTIRETY.

FOR BUSINESS USERS: You acknowledge that the Service involves data collection and analytics for business purposes; sale of anonymized data and models to third parties for commercial use; that aggregated industry insights may also benefit competitors; and that binding arbitration, indemnification, and other business-specific provisions apply to you.

FOR CONSUMERS: You acknowledge that your statutory consumer rights remain fully protected, and these Terms do not override mandatory protections under applicable law.

ALL USERS: You acknowledge that the Service involves AI technology with inherent limitations and error rates, and that human verification is required for any important use of Outputs..

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