Welcome! These Terms of Use ("Terms") govern your access and use of our website and mobile application ("Platform") for creating and purchasing custom sodas ("Services"). By accessing or using the Platform, you agree to abide by these Terms.

 

1. Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use the Platform. If you are using the Platform on behalf of a business or other entity, you represent and warrant that you are authorized to do so.

 

2. User Accounts

You may need to create an account to access certain features of the Platform. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach.

 

3. Content and Intellectual Property

All content on the Platform, including text, graphics, logos, images, and software, is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, or otherwise exploit any content without our prior written permission.

 

4. User Content

You may submit content ("User Content") to the Platform, such as reviews, photos, and flavor combinations. You retain all ownership rights to your User Content, but you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, modify, reproduce, distribute, translate, display, and perform your User Content in connection with the Platform and our business. You warrant and represent that you have the right to submit your User Content and that it does not infringe on the rights of any third party.

 

5. Orders and Payments

You agree to pay for all custom sodas you order through the Platform. All prices are subject to change without notice. We reserve the right to refuse any order for any reason.

 

6. Disclaimer and Warranties

THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY INFORMATION OR CONTENT PROVIDED ON THE PLATFORM.

 

7. Limitation of Liability

WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM OR SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES.

 

8. Termination

We may terminate your access to the Platform at any time and for any reason, without notice. You may terminate your account at any time by contacting us.

 

9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Idaho without regard to its conflict of laws provisions. Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association.

 

10. Entire Agreement

These Terms constitute the entire agreement between you and us with respect to your use of the Platform and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

 

11. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

 

12. Waiver

No waiver of any provision of these Terms shall be effective unless in writing and signed by us.

 

13. Contact Us

If you have any questions about these Terms, please contact us at support@mysodalove.com.