Terms of Service
How to read these Terms
We've written these Terms in two layers. Each section opens with a plain-English summary in italics, followed by the numbered legal text. The summary is there so you actually understand what you're agreeing to. If anything seems to conflict between the summary and the legal text, the legal text controls.
If you only read one thing: Section 23 contains a binding arbitration agreement and a class-action waiver. They affect how disputes between us are resolved. You can opt out within 30 days of accepting these Terms by following the instructions in Section 23.5.
1. Agreement to These Terms
In plain English: By using Brew Pass, you agree to these Terms. If you don't agree, please don't use the app.
1.1 These Terms of Service (“Terms”) form a binding contract between you (“you” or “User”) and Brew Pass LLC, a New York limited liability company (“Brew Pass,” “we,” “our,” or “us”).
1.2 The Terms govern your access to and use of the Brew Pass mobile application, our website at brew-pass.com, the Brew Pass Café Dashboard, and any related products, content, features, and services we offer (collectively, the “Services”).
1.3 By creating an account, downloading the app, or otherwise using the Services, you acknowledge that you have read, understood, and agreed to these Terms and our Privacy Policy.
1.4 If you are using the Services on behalf of a business (for example, as a Café Partner), you represent that you are authorized to bind that business and that the business agrees to these Terms.
2. Eligibility
In plain English: You need to be at least 18, legally able to sign a contract, and not on a sanctions list.
2.1 You may use the Services only if you:
are at least 18 years old;
are legally able to form a binding contract under applicable law;
are not located in, organized under the laws of, or ordinarily a resident of any country or region subject to comprehensive U.S. sanctions, and are not listed on any U.S. government list of restricted parties (including OFAC's Specially Designated Nationals list); and
have not previously been suspended or removed from the Services.
2.2 The Services are not directed to children under 13, and we do not knowingly collect personal information from children under 13. If we learn that we have collected information from a child under 13 without verifiable parental consent, we will delete that information. See our Privacy Policy for details.
3. Description of Services
In plain English: Brew Pass is a coffee subscription and discovery app. We connect you with independent cafés, but we don't run the cafés.
3.1 Brew Pass offers, among other things:
tiered subscription memberships that may include daily coffee benefits, member discounts, and access to exclusive content or events (current tier names, prices, and benefits are described in the app);
discovery features including café profiles, menus, blog content, and event listings;
the ability to reserve, purchase, or otherwise interact with offerings made available by independent third-party cafés (“Café Partners”); and
the Brew Pass Café Dashboard, which Café Partners use to manage their listings, products, events, and promotions.
3.2 Brew Pass is a marketplace platform. Café Partners are independent businesses. Brew Pass does not own, operate, manage, or supervise any Café Partner, and we are not a party to any transaction between you and a Café Partner except where we expressly say otherwise.
3.3 We may add, modify, suspend, or discontinue any feature of the Services at any time, with or without notice. We are not liable to you or any third party for any change to or discontinuation of the Services.
4. Your Account
In plain English: Keep your login secure. Don't share your account. We can suspend accounts that misbehave.
4.1 You must register an account to use most features of the Services. You agree to provide accurate, current, and complete information and to keep it updated.
4.2 You are responsible for all activity that occurs under your account. Keep your credentials confidential, and notify us immediately at contact@brew-pass.com if you suspect unauthorized access.
4.3 You may not (a) share your account credentials with others; (b) allow another person to redeem your subscription benefits; (c) create more than one account per person without our written permission; or (d) create an account using false information or another person's identity.
4.4 We may suspend, restrict, or terminate your account at any time, with or without notice, if we reasonably believe you have violated these Terms, the Acceptable Use Policy, or applicable law, or to protect the Services, our users, or our Café Partners.
5. Subscription Plans, Auto-Renewal, and Billing
In plain English: Subscriptions renew automatically and we'll charge whatever payment method you used at signup. Cancel anytime, but if you signed up through Apple or Google, you cancel through them. If we change the price, we'll tell you 30 days before the new price applies.
ACKNOWLEDGMENT REQUIRED. By selecting a paid subscription plan, you separately acknowledge and agree to the auto-renewal terms in this Section 5.
5.1 Subscription Tiers. We offer one or more paid subscription tiers. The current tier names, prices, billing intervals, and benefits are displayed in the app and on our website at the time of purchase. Tiers may include daily coffee benefits, member discounts, and access to special events.
5.2 Auto-Renewal. Unless you cancel before the end of the then-current billing period, your subscription will automatically renew at the end of each billing period for an additional period of the same length, at the then-current price for that tier. By starting a paid subscription, you authorize Brew Pass (or the applicable app store) to charge your payment method on a recurring basis until you cancel.
5.3 Billing Period and First Charge. Your initial billing period begins on the date you start your subscription (or, for a free trial, on the date the trial ends). Your payment method will be charged at the start of each billing period.
5.4 Cancellation. You may cancel your subscription at any time. Cancellation takes effect at the end of the then-current billing period; you will continue to have access to paid benefits until that date. We do not refund amounts already paid for the current billing period unless required by law or as expressly stated in these Terms.
(a) If you subscribed inside the iOS app via Apple, you must cancel through your Apple ID subscription settings. We cannot cancel Apple-billed subscriptions on your behalf.
(b) If you subscribed inside the Android app via Google Play, you must cancel through your Google Play subscription settings. We cannot cancel Google-billed subscriptions on your behalf.
(c) If you subscribed through our website or another channel, you may cancel directly in your Brew Pass account settings.
We design our cancellation flows to be at least as easy as the signup flow, consistent with applicable consumer-protection requirements.
5.5 Price Changes. We may change subscription prices from time to time. We will provide notice (by email or in-app message) at least 30 days before the new price takes effect. The new price will apply to your next billing period after the notice period. If you do not agree to the new price, you may cancel before the new price takes effect; otherwise, you authorize us to charge the new price.
5.6 Free Trials and Promotional Offers. From time to time we may offer free trials or promotional pricing. Unless we expressly state otherwise: (a) a free trial converts automatically to a paid subscription at the end of the trial; (b) only one free trial per person per lifetime; and (c) we may modify or end any promotion at any time.
5.7 Failed Payments. If a charge fails, we may retry the charge, suspend your subscription, or terminate it. You remain responsible for any unpaid amounts.
5.8 Auto-Renewal Disclosures (NY and CA). Consistent with New York General Business Law § 527-a and California Business & Professions Code § 17600 et seq., the auto-renewal terms above are also presented in the app at the time of purchase, and we will send a renewal reminder for any subscription with a term of one year or more.
6. Refunds
In plain English: Subscriptions and tickets are usually non-refundable, but you have whatever rights the law gives you. If a café fails to honor a benefit, talk to us.
6.1 Except as required by applicable law, all subscription fees, event tickets, reservation fees, and other purchases made through the Services are non-refundable.
6.2 App store refunds. If you purchased a subscription through Apple or Google, refund requests are handled by Apple or Google directly. We do not control those decisions.
6.3 Café Partner failure. If a Café Partner fails to honor a published subscription benefit (for example, refuses a daily coffee that should be included in your tier), contact us at contact@brew-pass.com. We will investigate and, at our discretion, may issue a credit, partial refund, or other resolution.
6.4 Statutory rights. Nothing in these Terms limits any non-waivable rights you have under applicable consumer-protection law (including any statutory withdrawal or “cooling-off” rights under EU/UK law where applicable).
7. Café Partners
In plain English: The cafés on Brew Pass are independent businesses. We list them and help you transact with them, but we don't control them, and we're not responsible if something goes wrong at a café.
7.1 Café Partners are independent third-party businesses. Brew Pass does not own, operate, employ, train, supervise, license, or insure any Café Partner.
7.2 Brew Pass does not warrant the quality, safety, legality, or availability of products, services, premises, or events offered by Café Partners. We do not inspect Café Partner locations and do not guarantee compliance with food-safety, health, or other regulations.
7.3 Any agreement to purchase a product, attend an event, or use services at a Café Partner location is between you and the Café Partner. Café Partners may impose their own terms, cancellation policies, age restrictions, and rules of conduct.
7.4 To the fullest extent permitted by law, Brew Pass disclaims liability for any injury, illness, property damage, lost or stolen items, allergic reaction, foodborne illness, or any other loss arising at or in connection with a Café Partner's premises, products, services, or events. Disputes with Café Partners must be resolved directly with the Café Partner, although we may, at our discretion, help facilitate resolution.
8. Reservations, Orders, and Events
In plain English: Subject to availability. Cafés set their own cancellation policies. Things sometimes get cancelled at the last minute, that's not our fault.
8.1 Reservations, orders, and event tickets purchased through the Services are subject to availability and to any additional terms imposed by the relevant Café Partner.
8.2 Café Partners are responsible for the accuracy of their listings, ticket inventory, pricing, taxes, and compliance with local laws (including liquor licensing, food handling, capacity limits, and accessibility requirements).
8.3 Brew Pass is not responsible for last-minute cancellations, postponements, weather-related closures, or changes to events made by Café Partners.
8.4 Where Brew Pass acts as a ticketing facilitator, refund and exchange policies are set by the Café Partner unless we expressly state otherwise.
9. Acceptable Use
In plain English: Don't break the law, don't try to break the app, don't be a jerk, and don't try to get around the limits of your subscription.
9.1 You agree that you will not, and will not attempt to, do any of the following:
violate any applicable law or regulation;
use the Services for any fraudulent, deceptive, or illegal purpose;
impersonate any person or misrepresent your affiliation with any person or entity;
harass, threaten, defame, or abuse any user, Café Partner employee, or member of our team;
post, upload, or transmit content that is unlawful, hateful, obscene, defamatory, or that infringes any intellectual-property or privacy right;
misuse subscription benefits, including by redeeming benefits more than the permitted number of times per period, transferring benefits to another person, or using multiple accounts;
interfere with or disrupt the Services, including by uploading malware, attempting to overload our systems, or probing for vulnerabilities;
reverse engineer, decompile, or disassemble any part of the Services, except to the limited extent that applicable law expressly permits despite this restriction;
use any automated means (including bots, scrapers, or crawlers) to access or collect data from the Services without our prior written consent;
circumvent any access controls, rate limits, or security measures; or
use the Services to develop a competing product or to benchmark them against a competing product.
9.2 We may investigate and take action against suspected violations, including suspending or terminating accounts, removing content, and reporting activity to law enforcement.
10. User Content
In plain English: When you post a review, photo, or comment, you keep ownership but you give us a broad license to use it. Don't post anything you don't have the right to.
10.1 The Services let you submit content such as reviews, ratings, photos, comments, and feedback (“User Content”). You retain ownership of your User Content.
10.2 You grant Brew Pass a worldwide, non-exclusive, royalty-free, sublicensable, transferable, perpetual, and irrevocable license to host, store, reproduce, modify, adapt, translate, create derivative works from, publish, publicly perform, publicly display, and distribute your User Content, in any media now known or later developed, for purposes of operating, promoting, and improving the Services and our business (including marketing). This license survives termination.
10.3 You represent and warrant that:
you own or have all necessary rights to submit your User Content and to grant the license above;
your User Content does not violate these Terms, infringe any third-party right, or violate any law; and
any individuals identifiable in your User Content have consented to the use described here.
10.4 We may, but are not obligated to, monitor, edit, or remove User Content. We are not responsible for User Content posted by users.
10.5 Feedback. If you send us suggestions or feedback, you grant us an unrestricted, royalty-free, perpetual, irrevocable, sublicensable license to use that feedback for any purpose, without compensation to you.
11. Intellectual Property
In plain English: The app, the logo, and the code are ours. Don't copy them.
11.1 The Services, including all software, designs, text, graphics, trademarks, logos, and other content (excluding User Content and Café Partner Content), are owned by Brew Pass LLC or our licensors and are protected by copyright, trademark, and other laws.
11.2 We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use, subject to these Terms. This license terminates automatically if you violate these Terms.
11.3 “Brew Pass,” our logo, and any other marks of Brew Pass are our trademarks. You may not use them without our prior written consent.
11.4 Café Partner Content (such as menus, photos, and event descriptions) remains the property of the Café Partner. By submitting Café Partner Content to Brew Pass, the Café Partner grants Brew Pass the license described in our Café Partner Agreement.
12. DMCA Copyright Policy
In plain English: If someone posts something that infringes your copyright, send us a takedown notice and we'll act on it. Repeat infringers get banned.
12.1 We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act (“DMCA”).
12.2 Designated Agent. Send DMCA notices to:
Brew Pass LLC, DMCA Agent7014 13th Avenue, Suite 202Brooklyn, NY 11228Email: contact@brew-pass.com
Brew Pass has registered, or will register, its DMCA agent with the U.S. Copyright Office.
12.3 Notice requirements. A valid DMCA notice must include:
a physical or electronic signature of the copyright owner or their authorized agent;
identification of the copyrighted work claimed to have been infringed;
identification of the allegedly infringing material and information sufficient for us to locate it;
your contact information;
a statement that you have a good-faith belief that the use is not authorized; and
a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the owner.
12.4 Counter-notices may be submitted to the same address and must comply with 17 U.S.C. § 512(g)(3).
12.5 Repeat infringers. It is our policy to terminate, in appropriate circumstances, the accounts of users who are repeat infringers.
13. Privacy
In plain English: Our Privacy Policy explains what data we collect and how we use it. Read it.
Your use of the Services is also subject to our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes how we collect, use, disclose, and protect your personal information.
14. Communications and Electronic Notices
In plain English: By using the app, you agree we can contact you electronically. Marketing messages are optional and you can opt out.
14.1 You consent to receive communications from us electronically, including via email, push notification, in-app message, and SMS where you have provided your phone number. Notices we provide electronically satisfy any legal requirement that notices be in writing.
14.2 Marketing communications. With your consent where required, we may send marketing emails or push notifications. You may opt out at any time by following the unsubscribe link in any email or by adjusting your in-app preferences. Transactional messages (such as receipts and account notices) cannot be turned off while you have an active account.
14.3 SMS/text messages. If you opt in to SMS, message and data rates may apply. Reply STOP to opt out at any time. Reply HELP for help.
15. Third-Party Services and Payment Processing
In plain English: We use third parties for payments and other services. Their terms apply when you use them.
15.1 The Services rely on third-party providers for functions including payment processing, hosting, analytics, and authentication. Your use of those third-party services is subject to the third party's terms.
15.2 Payments made through the iOS app are processed by Apple; payments made through the Android app are processed by Google; payments made through our website are processed by our third-party payment processor. We do not store complete payment-card information.
16. Apple App Store Additional Terms
In plain English: Apple has rules we have to include if you got the app through the App Store.
If you obtained the iOS Brew Pass app through the Apple App Store, the following additional terms apply, and they prevail over any conflicting term elsewhere in these Terms with respect to your use of the iOS app:
16.1 These Terms are between you and Brew Pass, not Apple. Brew Pass, not Apple, is solely responsible for the iOS app and its content.
16.2 Apple has no obligation to provide any maintenance or support services with respect to the iOS app.
16.3 If the iOS app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app to you (if any). To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the iOS app.
16.4 Apple is not responsible for addressing any claims by you or any third party relating to the iOS app or your possession or use of it, including (a) product-liability claims; (b) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer-protection or similar legislation.
16.5 In the event of any third-party claim that the iOS app or your possession and use of it infringes that third party's intellectual-property rights, Brew Pass, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of that claim.
16.6 You represent that you are not located in any country subject to a U.S. government embargo, and that you are not on any U.S. government list of prohibited or restricted parties.
16.7 Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
17. Google Play Additional Terms
In plain English: Similar Google rules for the Android app.
If you obtained the Android Brew Pass app through Google Play, your use of the app is also subject to the Google Play Terms of Service. To the extent of any conflict between these Terms and the Google Play Terms with respect to your use of the Android app, the Google Play Terms control with respect to your relationship with Google.
18. Beta Features
In plain English: We sometimes ship experimental features. They may break.
We may offer beta, preview, or experimental features (“Beta Features”) from time to time. Beta Features are provided “as is,” may be unstable, may change, and may be discontinued at any time. We disclaim all warranties and liability with respect to Beta Features to the maximum extent permitted by law.
19. Termination
In plain English: Either of us can end this. Some sections survive.
19.1 You may terminate these Terms at any time by deleting your account in the app or by emailing contact@brew-pass.com.
19.2 We may suspend or terminate your access to the Services at any time, with or without notice, if (a) you breach these Terms; (b) we suspect fraud, abuse, or unlawful conduct; (c) we are required to do so by law; or (d) we discontinue the Services.
19.3 Effect of termination. Upon termination, your right to use the Services ends immediately. Sections that by their nature should survive termination will survive, including Sections 6 (Refunds, as to claims accrued), 9 (Acceptable Use, as to past conduct), 10 (User Content license), 11 (Intellectual Property), 13 (Privacy), 19.3, 20 (Disclaimers), 21 (Limitation of Liability), 22 (Indemnification), 23 (Dispute Resolution), 24 (Governing Law), and 28 (General).
19.4 Refunds upon termination. If we terminate your subscription without cause and other than for your breach of these Terms, we will refund the prorated unused portion of your then-current billing period. If we terminate for cause, no refund is owed.
20. Disclaimers
In plain English: We provide the app as-is. We don't guarantee it'll always work or that everything in it is correct.
20.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
20.2 BREW PASS DOES NOT WARRANT THAT (a) THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (b) DEFECTS WILL BE CORRECTED; (c) THE SERVICES OR SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (d) ANY CONTENT, INCLUDING CAFÉ INFORMATION OR USER CONTENT, IS ACCURATE, RELIABLE, OR COMPLETE.
20.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
21. Limitation of Liability
In plain English: Our liability is capped, with the standard exceptions for things like gross negligence and fraud.
21.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL BREW PASS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, REGARDLESS OF THE LEGAL THEORY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
21.2 IN NO EVENT WILL THE AGGREGATE LIABILITY OF BREW PASS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (a) ONE HUNDRED U.S. DOLLARS ($100) AND (b) THE AMOUNTS YOU PAID TO BREW PASS FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
21.3 Carve-outs. The limitations in Sections 21.1 and 21.2 do not apply to liability arising from (a) Brew Pass's gross negligence, willful misconduct, or fraud; (b) Brew Pass's indemnification obligations under Section 22; (c) Brew Pass's infringement of your intellectual-property rights; or (d) any liability that cannot be limited under applicable law.
21.4 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
22. Indemnification
In plain English: If you cause us to get sued because of your behavior, you cover the cost.
You agree to indemnify, defend, and hold harmless Brew Pass and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to (a) your violation of these Terms or applicable law; (b) your User Content; (c) your interactions with Café Partners or other users; or (d) your misuse of the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with us.
23. Dispute Resolution; Binding Arbitration; Class Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT OF THIS SECTION ON THE TERMS DESCRIBED IN SECTION 23.5.
In plain English: If we have a dispute, we try to work it out informally first. If that fails, it goes to private arbitration, not court, and you can't join a class action. You can opt out within 30 days.
23.1 Informal resolution. Before filing any claim, the party with the dispute will send the other a written notice describing the claim. The notice must be sent to contact@brew-pass.com (for claims against us) or to the email address associated with your account (for claims against you). The parties will try in good faith to resolve the dispute within 60 days.
23.2 Binding arbitration. If the dispute is not resolved informally within 60 days, either party may submit the dispute to binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration will be conducted in the New York City metropolitan area or by video, at your election. The arbitrator's decision will be final and may be entered in any court of competent jurisdiction.
23.3 Class-action waiver. YOU AND BREW PASS EACH AGREE THAT ANY DISPUTE WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
23.4 Carve-outs. Either party may (a) bring an individual claim in small-claims court if the claim qualifies, and (b) seek injunctive or equitable relief in court to protect intellectual-property rights. Disputes over the scope or enforceability of this Section 23 are for a court (not the arbitrator) to decide.
23.5 30-day right to opt out. You may opt out of this Section 23 by sending written notice to contact@brew-pass.com (with the subject line “Arbitration Opt-Out”) within 30 days of first accepting these Terms. The notice must include your full name, the email associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms. If you opt out, Section 24 (Governing Law and Venue) governs disputes between us.
23.6 Mass arbitration. If 25 or more substantively similar claims are filed against Brew Pass within a 30-day period, the parties agree that the AAA's Mass Arbitration Supplementary Rules (or successor rules) apply, including any applicable batching procedures. The parties will work together in good faith to facilitate efficient resolution.
23.7 Severability. If the class-action waiver in Section 23.3 is held unenforceable as to any claim, that claim shall be severed and proceed in court, while the remaining claims proceed in arbitration. If any other provision of this Section 23 is held unenforceable, it shall be severed and the remainder of this Section 23 shall continue in effect.
23.8 Survival. This Section 23 survives termination of these Terms.
24. Governing Law and Venue
In plain English: New York law applies. For claims that aren't covered by arbitration, courts in New York City are the venue.
24.1 These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply.
24.2 Subject to Section 23, any judicial action permitted under these Terms shall be brought exclusively in the state or federal courts located in New York County, New York, and the parties consent to personal jurisdiction and venue there.
25. Changes to These Terms
In plain English: We can update the Terms. For big changes, we'll give you advance notice and a chance to reject them.
25.1 We may update these Terms from time to time. The “Last Updated” date at the top reflects the most recent revision.
25.2 Material changes. For changes that materially affect your rights or obligations, we will provide at least 30 days' prior notice by email and in-app message, and we will require you to affirmatively accept the new Terms before continuing to use the Services. If you do not accept, you may cancel your subscription and stop using the Services.
25.3 Non-material changes take effect when posted, and continued use of the Services after that constitutes acceptance.
26. Accessibility
In plain English: We try to make the app usable for people with disabilities. Tell us if something isn't working.
We are committed to making the Services accessible and aim to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA where reasonably feasible. If you encounter an accessibility barrier, please contact contact@brew-pass.com.
27. California Resident Disclosures
In plain English: Specific notices for California users.
27.1 Under California Civil Code § 1789.3, California users are entitled to notice that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
27.2 California residents have additional rights under the California Consumer Privacy Act (as amended by the CPRA). See our Privacy Policy for details, including how to submit a “Do Not Sell or Share My Personal Information” request.
28. General
In plain English: Standard contract clauses.
28.1 Entire agreement. These Terms, together with the Privacy Policy and any other documents incorporated by reference, are the entire agreement between you and Brew Pass regarding the Services and supersede any prior agreements on the same subject.
28.2 Severability. If any provision is held unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision shall be modified to the minimum extent necessary to be enforceable.
28.3 No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
28.4 Assignment. You may not assign these Terms without our written consent. We may assign these Terms at our discretion, including in connection with a merger, acquisition, or sale of assets.
28.5 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet or utility outages, and pandemics.
28.6 Independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
28.7 Headings. Section headings are for convenience and do not affect interpretation.
28.8 Notices to us. Send legal notices by email to contact@brew-pass.com, or by mail to Brew Pass LLC, c/o Registered Agent, 7014 13th Avenue, Suite 202, Brooklyn, NY 11228, Attn: Legal.
29. Contact
In plain English: One inbox. We read everything.
Email: contact@brew-pass.com
Website: brew-pass.com
For DMCA notices and formal legal service of process, please use the address listed in Sections 12 and 28.8.