Terms of Use

Agreement

These Terms are an agreement between you and Michael Novak, the operator of Sips ("we", "us" or "our"). By using Sips, you agree to these Terms and to the Community Guidelines. The Privacy Policy describes how we handle personal data.

Eligibility

To use Sips, you must be at least 18 years old and of legal drinking age where you live. Sips verifies age at sign-up, and providing a false birth date is a breach of these Terms. You may not use Sips if the law prohibits you from doing so, or if we have suspended your account.

Invite-only beta

Sips is currently offered as an invite-only beta. Access requires an invite code issued by a member or by us. Invite codes are free and may not be sold. During the beta, features may change or be withdrawn, and Sips may contain errors.

Accounts

Each account may be used by one person only. You must sign in with your own Apple ID or email address. Because sign-in links are sent to your email address, you are responsible for keeping that email account secure. You are responsible for all activity on your account, and you may not sell, transfer or share it.

Member content

You retain ownership of the photographs, notes, comments and lists you post. You grant us a worldwide, non-exclusive, royalty-free license to store, copy, resize, display and distribute that content to operate Sips, namely displaying it to other members as your settings permit and counting public scores in place and cocktail averages. This license ends when you delete the content or your account, except as to copies held in backups until those backups expire.

You may post only content you have the right to post, including the consent of any person who can be identified in your photographs. If you send us feedback, we may use it freely.

Prohibited conduct

You must comply with the Community Guidelines. In addition, you may not:

• violate any law, or assist anyone else in doing so;
• post content showing any person under the legal drinking age drinking, or post sexual content, harassment, hateful content, threats or spam;
• impersonate any other person;
• circumvent a block, a suspension, a rate limit or the age check;
• scrape Sips, or access it by means of bots or other automated tools;
• probe, disrupt or overload Sips, or reverse engineer the app, except to the extent the law permits.

Responsible drinking

Sips is intended for recording and rating cocktails, not for encouraging the consumption of alcohol. You may not post content that promotes heavy or dangerous drinking, drinking games, or drinking and driving. Never drink and drive. Scores and notes reflect the opinions of individual members and are not advice. Place information is provided by Apple Maps and may be out of date.

Moderation and termination

We may remove content or suspend an account if it violates these Terms or the Community Guidelines, or to protect any person or comply with the law. If you believe we have made an error, you may write to hi@getsips.app.

You may stop using Sips at any time, and may delete your account in the app from Settings. The Privacy Policy describes what deletion removes. We may terminate your access to Sips, or discontinue Sips entirely. The provisions of these Terms concerning the license for content held in backups, the disclaimer of warranties, the limitation of liability, and governing law and jurisdiction survive termination.

Third-party services

Sips relies on services provided by Apple (Sign in with Apple, Apple Maps, push notifications and the App Store) and by Amazon Web Services. Your use of those services is subject to their own terms, and we are not responsible for them.

Disclaimer of warranties

To the fullest extent permitted by law, Sips is provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that Sips will be uninterrupted or error-free, and we are not responsible for content posted by members.

Limitation of liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data or profits. Our total liability for any claim relating to Sips is limited to the greater of the amount you paid us in the 12 months preceding the claim and US$100. Some jurisdictions do not permit these limitations; in those jurisdictions, they apply only to the extent the law permits.

Governing law and jurisdiction

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-law rules. Any dispute arising from or relating to these Terms or Sips shall be brought in the state or federal courts located in Dutchess County, New York. If you reside in the European Union or the United Kingdom, nothing in these Terms limits the protections afforded to you by the consumer protection laws of your country of residence.

Apple App Store terms

Your license to use the app is granted under Apple's Licensed Application End User License Agreement, which these Terms supplement. Because you obtain Sips from the App Store, you and we further agree that:

• these Terms are concluded between you and us, not with Apple, and we, not Apple, are solely responsible for Sips and its content;
• you may use the app only on Apple devices that you own or control, as permitted by the App Store Usage Rules;
• Apple has no obligation to provide maintenance or support services for the app;
• if the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. Apple has no other warranty obligation with respect to the app;
• we, not Apple, are responsible for addressing any claims relating to the app, including product liability claims, claims that the app fails to conform to any legal or regulatory requirement, and claims arising under consumer protection or privacy law;
• in the event of a third-party claim that the app infringes that party's intellectual property rights, we, not Apple, are responsible for the investigation, defense, settlement and discharge of that claim;
• you represent that you are not located in a country subject to a United States government embargo or designated by the United States government as supporting terrorism, and that you are not listed on any United States government list of prohibited or restricted parties;
• you will comply with any applicable third-party terms when using the app, such as those of your mobile carrier;
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Changes to these Terms

We will post any changes to these Terms on this page with a revised date. For material changes, we will notify you in the app or by email before the changes take effect. Your continued use of Sips after that constitutes acceptance of the revised Terms.