Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Spirited mobile application (the “App”) and related services provided by Spirited (“we,” “us,” or “our”). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, please do not use the App.

1. Acceptance of Terms

By creating an account or using the App, you confirm that you have read, understood, and agree to these Terms, as well as our Privacy Policy. These Terms constitute a legally binding agreement between you and Spirited.

If you are using the App on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Eligibility

Spirited is a cocktail recipe application that involves alcoholic beverages. To use the App, you must:

• Be at least 21 years of age, or the legal drinking age in your jurisdiction, whichever is higher.
• Be legally permitted to consume alcoholic beverages in your jurisdiction.
• Have the legal capacity to enter into a binding agreement.

By using the App, you represent and warrant that you meet all of these eligibility requirements. We reserve the right to terminate accounts that we reasonably believe belong to users who do not meet these requirements.

3. Account Terms

3.1 Account Creation

To access most features of the App, you need to create an account using your email address or Sign in with Apple. You agree to:

• Provide accurate, current, and complete information during registration.
• Keep your account information up to date.
• Maintain the security of your account by protecting access to the email address or Apple ID associated with it.
• Accept responsibility for all activity that occurs under your account.

3.2 One Account Per Person

Each person may maintain only one Spirited account. Creating multiple accounts to circumvent restrictions, abuse free trials, or manipulate the service is prohibited and may result in termination of all associated accounts.

3.3 Account Security

We use passwordless authentication to keep your account secure. You are responsible for maintaining access to the email address or Apple ID linked to your account. If you believe your account has been compromised, contact us immediately at cheers@spirited.bar.

4. Subscription and Billing

4.1 Free Tier

Spirited offers a free tier that includes:

• Ingredient matching — add ingredients from your bar and discover cocktails you can make right now.
• Curated recipe collection — browse our curated library of classic and contemporary cocktail recipes.
• Search — find recipes by name, spirit, ingredient, or style.
• Save favorites — bookmark recipes you love for quick access later.

The free tier is available to all registered users at no cost.

4.2 Spirited Premium

Spirited Premium unlocks the complete experience, including all free features plus additional premium capabilities. Premium is available at the following price points:

• Monthly plan: $4.99 per month.
• Annual plan: $29.99 per year (save 50% compared to monthly billing).

4.3 Free Trial

New subscribers to Spirited Premium are eligible for a 7-day free trial. The free trial gives you full access to all Premium features at no cost for seven days. At the end of the trial period, your subscription will automatically convert to a paid subscription at the plan rate you selected, unless you cancel before the trial ends.

The free trial is available once per Apple ID. If you have previously redeemed a Spirited Premium free trial, you may not be eligible for another one.

4.4 Payment and Billing

• All payments are processed through your Apple ID account via the App Store.
• Payment is charged to your Apple ID at the time of purchase confirmation, or at the end of the free trial period if applicable.
• Subscriptions automatically renew at the end of each billing period (monthly or annually) at the then-current price, unless you cancel before the renewal date.
• You must cancel at least 24 hours before the end of the current billing period to avoid being charged for the next period.

4.5 Managing Your Subscription

You can manage or cancel your subscription at any time through your App Store account settings:

1. Open the Settings app on your device.
2. Tap your name at the top.
3. Tap “Subscriptions.”
4. Select “Spirited” and choose your preferred option.

Spirited does not process payments directly and cannot issue refunds. For refund requests, please contact Apple Support through the App Store.

4.6 Free Trial Forfeiture

If you are on a free trial and purchase a paid subscription before the trial period ends, any remaining unused portion of the free trial is forfeited. Your paid subscription begins immediately upon purchase.

4.7 Price Changes

We may change subscription prices from time to time. If we increase prices, we will provide advance notice through the App or via email. Price changes will take effect at the start of your next billing period following the notice. Your continued subscription after a price change constitutes acceptance of the new price.

5. Acceptable Use

You agree to use the App in a lawful and respectful manner. You may not:

• Scrape or harvest data — use automated means (bots, scrapers, crawlers, or similar tools) to access, collect, or extract data from the App, including recipes, user content, or any other information.
• Abuse the service — attempt to disrupt, overload, or interfere with the App’s infrastructure, servers, or networks, or circumvent any security, rate-limiting, or access control measures.
• Engage in illegal activity — use the App for any purpose that violates applicable local, state, national, or international law, including but not limited to providing alcoholic beverage recipes to minors.
• Impersonate others — misrepresent your identity, impersonate another person or entity, or falsely claim an affiliation with any person or organization.
• Reverse engineer — decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the App, except where expressly permitted by applicable law.
• Redistribute content — copy, reproduce, distribute, or create derivative works based on the App’s content (including recipes, images, and descriptions) without our prior written consent.
• Abuse AI features — use the AI bartender to generate content that is harmful, abusive, harassing, or otherwise objectionable, or attempt to manipulate the AI to produce responses that violate these Terms.
• Circumvent subscriptions — share account credentials, use unauthorized methods to access Premium features, or exploit bugs or vulnerabilities to avoid payment.

We reserve the right to suspend or terminate your account if we determine, in our sole discretion, that you have violated these Terms.

6. Intellectual Property

6.1 Our Content

The App, including its design, code, features, branding, logos, text, images, recipes, illustrations, and all other content and materials provided by Spirited, is owned by Spirited and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the App or its content without our express written permission.

“Spirited” and related logos and marks are trademarks of Spirited. You may not use our trademarks without prior written consent.

6.2 Your Data

You retain ownership of any personal data and content you provide to the App, including your ingredient inventory, favorites, drink history, and AI bartender conversations. By using the App, you grant us a limited, non-exclusive license to use this data solely for the purpose of providing, personalizing, and improving the service for you.

You may request an export or deletion of your data at any time, as described in our Privacy Policy.

6.3 Feedback

If you provide us with suggestions, ideas, or feedback about the App, you grant us a non-exclusive, royalty-free, perpetual, irrevocable license to use that feedback for any purpose, including improving the App, without any obligation or compensation to you.

7. AI Features Disclaimer

Spirited includes an AI-powered bartender feature that provides cocktail recommendations, answers questions about spirits and techniques, and offers conversational drink suggestions.

Please understand the following about our AI features:

• Informational only — the AI bartender is designed for entertainment and informational purposes. Its suggestions are not professional advice from a licensed bartender, nutritionist, medical professional, or any other expert.
• Not always accurate — while we strive to make the AI bartender helpful and accurate, AI-generated responses may occasionally contain errors, inaccuracies, or incomplete information. Always verify critical information, especially regarding allergens, dietary restrictions, or health-related concerns.
• Drink responsibly — the AI bartender may suggest cocktails and beverages, but it is your responsibility to consume alcohol safely, legally, and in moderation. Never drink and drive. Be aware of your limits and the effects of alcohol.
• Allergens and dietary concerns — the AI bartender may not always identify every allergen or dietary consideration in a recipe. If you have allergies, intolerances, or dietary restrictions, always verify ingredients independently before preparing or consuming any drink.
• No professional substitute — the AI bartender does not replace professional medical, health, or legal advice. If you have concerns about alcohol consumption and your health, consult a qualified healthcare professional.

8. Disclaimers

The App and all content, features, and services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, or statutory.

To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Availability — we do not guarantee that the App will be available at all times, uninterrupted, secure, or error-free. We may perform maintenance, updates, or experience downtime that temporarily affects availability.
• Accuracy — while we strive to provide accurate recipes and information, we do not warrant that any content in the App, including recipes, ingredient lists, AI-generated responses, or nutritional information, is complete, accurate, reliable, or current.
• Results — we do not guarantee any specific results from using the App, including the quality of cocktails made from our recipes.

You use the App at your own risk.

9. Limitation of Liability

To the maximum extent permitted by applicable law:

• Spirited, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with your use of or inability to use the App, regardless of the cause of action or theory of liability (whether in contract, tort, strict liability, or otherwise), even if we have been advised of the possibility of such damages.
• Our total cumulative liability to you for all claims arising out of or related to these Terms or your use of the App shall not exceed the greater of (a) the amount you have paid to us in the twelve (12) months preceding the claim, or (b) fifty U.S. dollars ($50.00).
• These limitations apply regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

10. Governing Law

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

Any disputes arising out of or relating to these Terms or your use of the App shall be resolved in the state or federal courts located in California, and you consent to the personal jurisdiction of those courts.

Nothing in these Terms limits your rights under consumer protection laws that may apply in your jurisdiction.

11. Changes to Terms

We may update these Terms from time to time. When we make changes:

• We will update the “Last updated” date at the top of this page.
• For material changes, we will provide notice through the App, via email, or through other reasonable means.
• Your continued use of the App after the updated Terms take effect constitutes your acceptance of the changes.

If you do not agree to the updated Terms, you should stop using the App and may request deletion of your account by contacting us at cheers@spirited.bar.

We encourage you to review these Terms periodically to stay informed about the rules governing your use of Spirited.

12. Contact Us

If you have questions, concerns, or feedback about these Terms, we would love to hear from you:

• Email: cheers@spirited.bar
• Subject line suggestion: “Terms Question” or “Account Issue”

We aim to respond to all inquiries within 5 business days.