Legal

Terms of Service

Effective Date: September 23, 2026. Version 1.0. These Terms of Service govern access to and use of bevmatrx.ai, the BevMatrx platform and the BevMatrx mobile application.

1. Acceptance of These Terms

These Terms of Service (the “Terms”) constitute a binding agreement between you and BevMatrx AI, Inc., a Delaware corporation (“BevMatrx,” the “Company,” “we,” “us” or “our”), governing your access to and use of the bevmatrx.ai website (the “Site”), the BevMatrx web application (the “Platform”) and the BevMatrx mobile application (the “App,” and together with the Site and the Platform, the “Services”).

By accessing or using the Services you accept these Terms. If you do not accept them, do not use the Services. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization. Where your organization has executed a separate written agreement with us governing the Services, that agreement controls to the extent of any conflict with these Terms.

Our collection and use of information is described in our Privacy Policy, which is incorporated into these Terms by reference.

2. Eligibility and Accounts

The Services are intended for licensed hospitality businesses and their personnel. You must be at least sixteen (16) years of age and capable of forming a binding contract to hold an account.

Accounts are issued by an administrator of a customer organization, who determines which individuals receive access and what permissions each is granted. You agree to provide accurate and complete registration information, to keep it current, to maintain the confidentiality of your authentication credentials, and to be responsible for all activity occurring under your account. You must notify us promptly at hello@bevmatrx.ai upon learning of any unauthorized use of your account.

3. License to Use the Services

Subject to your compliance with these Terms and, where applicable, payment of all fees due, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your organization’s internal business purposes during the term of your subscription.

The Company reserves all rights not expressly granted. We may modify, suspend or discontinue any part of the Services at any time. We are under no obligation to provide updates, maintenance or support except as set out in a separate written agreement.

4. The Mobile Application

The Company grants you a personal, revocable, non-transferable license to install and use the App on a mobile device that you own or control, for the duration of your organization’s subscription and solely in connection with the Services.

The following applies where you obtain the App from the Apple App Store. This license is granted by the Company and not by Apple Inc. (“Apple”), and is limited to use on any Apple branded device that you own or control as permitted by the App Store Terms of Service. Apple has no obligation to furnish maintenance or support for the App. Apple is not responsible for any product warranties, whether express or implied by law, and in the event of any failure of the App to conform to an applicable warranty your sole remedy is to notify Apple, which may refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever. Apple is not responsible for addressing any claim by you or any third party relating to the App, including product liability claims, claims that the App fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third-party claim that the App infringes intellectual property rights. You represent that you are not located in a country subject to a United States Government embargo or designated as a terrorist supporting country, and that you are not on any United States Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce these Terms against you as a third-party beneficiary.

5. Customer Data

As between you and the Company, you retain all right, title and interest in the data you or your organization connect, upload or otherwise submit to the Services, including point of sale transactions, supplier invoices, inventory counts, recipes, purchase orders and photographs (“Customer Data”).

You grant the Company a non-exclusive, worldwide, royalty-free license to host, copy, transmit, display, process and otherwise use Customer Data solely as necessary to provide, secure, maintain and improve the Services for you and to comply with law. The Company does not sell Customer Data, does not disclose one customer’s Customer Data to another customer, and does not use Customer Data to train artificial intelligence models for the benefit of any other party.

You represent and warrant that you have all rights, consents and authority necessary to provide Customer Data to the Company and to permit the processing described in these Terms and in the Privacy Policy.

6. Third-Party Services and Integrations

The Services may interoperate with point of sale, accounting and other third-party systems. When you authorize such a connection, you instruct the Company to access and retrieve data from that system on your behalf. Your use of any third-party system remains governed by your agreement with its provider, and the Company is not responsible for that system, its availability, its accuracy or its practices. The Company does not endorse any third-party website or resource linked from the Services.

7. Acceptable Use

You will not, and will not permit any person to:

use the Services in violation of any applicable law or regulation, or in a manner that infringes the rights of any third party;
submit data that you lack the right to submit, or that contains unlawful, infringing or malicious content;
access or attempt to access any account, organization or data other than that which you are authorized to access;
probe, scan, test the vulnerability of, or breach the security or authentication measures of the Services;
interfere with or disrupt the integrity or performance of the Services, including by introducing malicious code or imposing an unreasonable load on our infrastructure;
copy, modify, translate, reverse engineer, decompile or disassemble any part of the Services, or attempt to derive their source code, except to the extent that restriction is prohibited by applicable law;
scrape, crawl or use automated means to extract data from the Services, other than by a general-purpose search engine indexing the public pages of the Site;
resell, sublicense, rent, lease or otherwise make the Services available to a third party, or use the Services to build or benchmark a competing product; or
remove, obscure or alter any proprietary notice contained in the Services.

If you discover a security vulnerability, report it to hello@bevmatrx.ai rather than exploiting it.

8. Fees, Trials and Payment

Fees for paid subscriptions are as set out on the pricing page or in an order form executed between the parties. Unless otherwise stated, fees are payable in advance for the subscription term, are non-refundable except as required by law or expressly provided in a written agreement, and are exclusive of taxes, which are your responsibility other than taxes on our net income.

We may offer a free trial or evaluation period. We may modify or terminate a trial at any time. Subscriptions renew for successive terms unless either party gives notice of non-renewal before the end of the then-current term. We may suspend access to a paid account for non-payment after giving notice and a reasonable opportunity to cure.

9. Intellectual Property and Feedback

The Services, including all software, interfaces, documentation, text, graphics, and the BevMatrx name and logo, are owned by the Company or its licensors and are protected by intellectual property law. Except for the licenses expressly granted in Section 3 and Section 4, nothing in these Terms transfers any right in them to you.

If you provide suggestions, enhancement requests or other feedback regarding the Services, you grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that feedback without obligation or compensation to you.

10. Nature of Outputs; No Professional Advice

The Services calculate variance, pour cost, usage, recovery and related measures from data supplied by you and by the systems you connect. Those outputs are estimates derived from that data, and their accuracy depends on the completeness and accuracy of the inputs, including the timeliness of counts, the correctness of recipes and container sizes, and the fidelity of invoice and barcode recognition. Automated extraction from photographs and documents is probabilistic and may be incorrect.

Figures published on the Site, including the pour cost calculator and any savings or recovery model, are illustrative and are based on assumptions stated where they appear. They are not a representation, warranty, projection or guarantee of any result, and individual results will vary.

Nothing furnished through the Services constitutes accounting, tax, legal, employment or other professional advice, and the Services do not replace your own internal controls. You are solely responsible for decisions you make, including decisions regarding personnel, suppliers, pricing and regulatory compliance, and you should verify any material figure against your own records before acting on it.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OUTPUT, ESTIMATE OR EXTRACTED VALUE WILL BE ACCURATE OR COMPLETE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY, AND WHETHER OR NOT THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO THE COMPANY FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED UNITED STATES DOLLARS ($100).

THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES AND APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD OR WILLFUL MISCONDUCT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnification

You will indemnify, defend and hold harmless the Company and its officers, directors, employees and agents from and against any claim, demand, loss, liability, damage, cost or expense, including reasonable attorneys’ fees, arising out of or relating to your use of the Services, your Customer Data, your breach of these Terms, or your violation of any law or the rights of any third party.

14. Term, Suspension and Termination

These Terms apply for as long as you use the Services. You may stop using the Services at any time. We may suspend or terminate your access, in whole or in part, if you materially breach these Terms, if your account is delinquent, or if we reasonably believe suspension is necessary to protect the Services or another user.

Upon termination, your right to access the Services ceases. You may request an export of your Customer Data within thirty (30) days after termination, following which we may delete it. Sections 5, 7, 9, 10, 11, 12, 13, 16 and 18, and any provision that by its nature should survive, survive termination.

15. Confidentiality

Each party may receive non-public information of the other in connection with the Services. Each party will use the other’s confidential information only as necessary to perform under these Terms, will protect it with at least reasonable care, and will not disclose it except to personnel and advisors bound by confidentiality obligations or as required by law.

16. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or to the Services are governed by the laws of the State of New York, without regard to its conflict of laws principles and excluding the United Nations Convention on Contracts for the International Sale of Goods. The parties submit to the exclusive jurisdiction of the state and federal courts located in the State of New York, and waive any objection to venue in those courts.

Before filing a claim, the parties will attempt in good faith to resolve the dispute informally by written notice to hello@bevmatrx.ai and a conference within forty-five (45) days of that notice. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

17. Changes to These Terms

We may revise these Terms from time to time. The Effective Date at the top of this page indicates when they were last revised. If we make a material change, we will provide notice through the Services or by email to account holders before the change takes effect. Your continued use of the Services after the effective date of a revision constitutes acceptance of it. If you do not accept a revision, you must stop using the Services.

18. General Provisions

Entire agreement. These Terms, together with the Privacy Policy and any order form or written agreement executed between the parties, constitute the entire agreement regarding the Services and supersede all prior understandings on that subject.

Severability and waiver. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain in full force. A party’s failure to enforce a provision is not a waiver of it.

Assignment. You may not assign these Terms without our prior written consent, except to a successor in connection with a merger or sale of substantially all of your assets. We may assign these Terms in connection with a merger, acquisition or sale of assets. These Terms bind the parties’ permitted successors and assigns.

Notices and electronic communications. You consent to receive communications from us electronically, and agree that electronic communications satisfy any legal requirement that a communication be in writing. Notices to you may be sent to the email address on your account; notices to us must be sent to the address in Section 19.

Force majeure. Neither party is liable for a failure or delay in performance caused by circumstances beyond its reasonable control.

Export and government use. You will comply with all applicable United States export control and sanctions laws. The Services are commercial computer software, and any use by or on behalf of the United States Government is subject to the restrictions of FAR 12.212 and DFARS 227.7202.

Relationship of the parties. The parties are independent contractors. These Terms create no partnership, franchise, joint venture, agency, fiduciary or employment relationship, and confer no third-party beneficiary rights other than those granted to Apple in Section 4.

19. How to Contact Us

Questions and notices concerning these Terms should be directed to:

BevMatrx AI, Inc.
Attn: Legal
28 Smith Street, Box 918
Shelter Island, New York 11964
United States
hello@bevmatrx.ai