Terms of Use

These Terms of Use (“Terms”) govern your use of the Sipply mobile application (the “App”), our website at sipplyapp.com, and related services (together, the “Service”) provided by Sipply (“we,” “us,” or “our”). By downloading, accessing, or using the App, you agree to these Terms. If you do not agree, do not use the App.

Sipply is intended only for users of legal drinking age. By using the App, you represent that you are of legal drinking age in your location.

1. The Service

Sipply is a membership program that provides access to discounts and offers at participating venues (“SippSpots”), such as bars, breweries, and pubs. Members (“Sippsters”) receive a digital membership card with a QR code that participating venues scan to apply available discounts in person.

Sipply does not sell, serve, or deliver alcohol. All discounts and transactions occur in person at the participating venue, subject to that venue’s terms, availability, and applicable law. We do not guarantee the availability, accuracy, or continuation of any particular discount or venue.

2. Eligibility and accounts

You must be of legal drinking age and able to form a binding contract to use the Service. You are responsible for the accuracy of the information you provide and for maintaining the confidentiality of your account credentials. You are responsible for all activity that occurs under your account. Notify us promptly of any unauthorized use.

3. Membership tiers and subscriptions

Sipply offers a free membership tier and paid, auto-renewable subscription tiers that provide additional benefits, such as a higher number of monthly scans and the ability to save favorite SippSpots.

Auto-renewable subscriptions. Paid subscriptions are billed through your Apple Account. The following terms apply:

• Payment is charged to your Apple Account at confirmation of purchase.
• Your subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period.
• Your Apple Account is charged for renewal within 24 hours prior to the end of the current period, at the applicable rate.
• You can manage or cancel your subscription, and turn off auto-renewal, in your Apple Account settings after purchase.
• Any unused portion of a free trial, if offered, is forfeited when you purchase a subscription, where applicable.

Prices are shown in the App and may vary by region. We may change subscription features or prices on a prospective basis, as permitted by law and the App Store.

4. Scan limits and fair use

Membership tiers may include limits on the number of scans per period. You agree not to misuse, share, duplicate, or attempt to circumvent your membership, QR code, or scan limits. We may suspend or terminate accounts that engage in fraud or abuse.

5. Venue (SippSpot) terms

If you use the Service as a participating venue, you agree to use the merchant scanning and analytics features only for legitimate membership validation, to comply with all applicable laws (including those governing the sale and service of alcohol), and to handle any member information you access responsibly and in accordance with our Privacy Policy. Venue accounts are administered by us; to request deletion of a venue account, use the in-app request option or contact us.

6. User content

If you submit ratings, reviews, or other content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute that content in connection with the Service. You are responsible for the content you submit and represent that it is accurate and lawful. We may remove content that violates these Terms or applicable law.

7. Acceptable use

You agree not to:

• Use the Service for any unlawful purpose or in violation of these Terms;
• Interfere with or disrupt the Service or its security;
• Reverse engineer, decompile, or attempt to extract source code, except as permitted by law;
• Access the Service through automated means without our permission; or
• Misrepresent your identity or age.

8. Intellectual property

The Service, including its software, design, trademarks, and content (excluding your user content), is owned by us or our licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use, subject to these Terms.

9. Third-party services

The Service relies on third-party providers, including Apple for subscriptions and our hosting and authentication providers. Your use of those services may be subject to their terms. We are not responsible for third-party services.

10. Responsible use

Sipply promotes responsible enjoyment. You are solely responsible for your conduct and decisions related to alcohol. Do not drink and drive. We are not responsible for your consumption or for any acts occurring at participating venues.

11. Disclaimers

THE SERVICE 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 THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DISCOUNT OR VENUE WILL BE AVAILABLE.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM.

13. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your use of the Service, your content, or your violation of these Terms or applicable law.

14. Termination

We may suspend or terminate your access to the Service at any time for any reason, including violation of these Terms. You may stop using the Service and delete your account at any time. Sections that by their nature should survive termination will survive.

15. Changes to these Terms

We may update these Terms from time to time. We will post the updated version with a revised “Last updated” date. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

16. Governing law

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles, except where prohibited by applicable law.

17. Apple-specific terms

This section applies when you obtain the App from the Apple App Store and supplements the rest of these Terms; if it conflicts with anything above, this section governs for your App Store use of the App.

(a) Acknowledgement. These Terms are concluded between you and Sipply, not Apple, and Apple is not responsible for the App or its content. These Terms do not provide usage rules that conflict with the Apple Media Services Terms and Conditions, which you have had the opportunity to review.

(b) Scope of License. Your license to the App is a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

(c) Maintenance and Support. Sipply is solely responsible for providing any maintenance and support for the App, as required by law or these Terms. Apple has no obligation to furnish any maintenance or support for the App.

(d) Warranty. Sipply is solely responsible for any product warranties, express or implied, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a warranty failure are Sipply’s responsibility.

(e) Product Claims. Sipply, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession or use of it, including product liability, regulatory-compliance, and consumer-protection or privacy claims. These Terms do not limit Sipply’s liability to you beyond what applicable law permits.

(f) Intellectual Property. In the event of a third-party claim that the App or your possession and use of it infringes that third party’s intellectual property rights, Sipply, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of that claim.

(g) Legal Compliance. You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

(h) Third-Party Terms. You must comply with any applicable third-party terms of agreement when using the App.

(i) Third-Party Beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce these Terms against you.

18. Contact us

Questions, complaints, or claims regarding the App should be directed to Sipply, 7 Deland Street, East Northport, NY 11731, admin@sipplyapp.com, 631-371-2960.