Terms & Conditions — User Account

By creating an account or using the Beer KC platform ("Platform"), you ("User") agree to be bound by these Terms & Conditions ("Terms"). If you do not agree, you may not create an account or use any feature that requires one.

These Terms constitute a binding legal agreement between you and Beer KC ("Company," "we," "us," or "our"). We reserve the right to update these Terms at any time. Continued use of the Platform after notice of changes constitutes acceptance of the updated Terms.

You must be at least 21 years of age to create an account or use any feature of the Platform. By registering, you represent and warrant that:

• You are 21 years of age or older.
• You have the legal capacity to enter into a binding agreement.
• All registration information you provide is accurate and current.
• You will maintain the accuracy of your account information.

You are solely responsible for all activity that occurs under your account. You agree to:

• Keep your login credentials confidential and not share your account with any other person.
• Notify us immediately at support@beerkc.app if you suspect unauthorized access to your account.
• Maintain a single account. Creating duplicate or fraudulent accounts is prohibited.
• Not impersonate any person, brewery, or business entity on the Platform.

We are not liable for any loss or damage arising from your failure to secure your account credentials.

You may submit ratings, reviews, photos, tasting notes, crawl descriptions, and other content ("User Content") to the Platform. By submitting User Content, you grant Beer KC a non-exclusive, royalty-free, worldwide license to display, reproduce, and distribute that content within the Platform and in marketing materials promoting the Platform.

You represent that your User Content:

• Does not infringe any third-party intellectual property, privacy, or other rights.
• Is not false, misleading, defamatory, obscene, or unlawful.
• Does not constitute spam, harassment, or unsolicited commercial communication.
• Complies with all applicable local, state, and federal laws.

We reserve the right to remove any User Content that violates these Terms or that we determine, in our sole discretion, is harmful to the Platform community.

You agree not to use the Platform to:

• Scrape, crawl, or otherwise extract data from the Platform without express written permission.
• Attempt to gain unauthorized access to any system, account, or data.
• Transmit viruses, malware, or any other harmful code.
• Engage in any activity that disrupts or degrades Platform performance.
• Use automated bots or scripts to interact with the Platform.
• Post content promoting illegal activity, violence, discrimination, or alcohol consumption by minors.

In short:

• Data Collected: Your email address, the username and profile details you choose, your activity (check-ins, ratings, favorites, RSVPs, crawl progress), and your location when you use check-in or "near me" features.
• Data Use: Your data is used to provide Platform features, send notifications you have opted into, and keep the Platform secure.
• No Third-Party Ad Tracking: We do not use Meta Pixel, Google Analytics cross-site tracking, or any behavioral ad-tracking SDK.
• Brewer & Advertiser Access: Brewers and advertisers do not receive your personal data. Ad performance analytics provided to advertisers are anonymous and aggregated.
• Location Data: Location is used only when you use a location feature. When you check in, we record how far you were from the brewery, not your coordinates.
• Data Deletion: You may delete your account in Account & Security. The Privacy Policy explains exactly what is removed and how to request complete erasure.

Our complete Privacy Policy explains how we collect, use and protect your information, and is incorporated into these Terms by reference.

Beer KC provides brewery listings, beer information, events, and other content ("Platform Content") on an informational basis only. We make reasonable efforts to keep Platform Content accurate, but we do not warrant that any information — including brewery hours, tap lists, or event details — is current, complete, or error-free.

We reserve the right to modify, suspend, or discontinue any feature or the Platform itself at any time without notice or liability.

The Platform is provided "as is" and "as available" without warranties of any kind, express or implied. To the fullest extent permitted by law, Beer KC expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Platform will be uninterrupted, error-free, or free of viruses or other harmful components.

To the maximum extent permitted by applicable law, Beer KC and its owners, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, data, use, goodwill, or other intangible losses — arising out of or related to your use of or inability to use the Platform.

Our total aggregate liability to you for any claims arising from your use of the Platform shall not exceed fifty dollars ($50.00) or the amount you paid to us in the twelve months preceding the claim, whichever is greater.

Beer KC is not liable for any third-party business operations, including the actions or omissions of any brewery, event organizer, or advertiser whose content appears on the Platform.

You agree to indemnify, defend, and hold harmless Beer KC and its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law or third-party right; or (e) your consumption of alcohol, your participation in any Crawl, or any action or omission you take while under the influence of alcohol or any impairing substance.

You may delete your account at any time through the Platform's account settings. We reserve the right to suspend or terminate your account, with or without notice, for:

• Violation of any provision of these Terms.
• Conduct that is harmful to other users, breweries, or the Platform community.
• Fraudulent, abusive, or illegal activity.
• Any reason we determine, in our sole discretion, warrants termination.

Upon termination, your right to access the Platform ceases immediately. Sections 8, 9, 10, 12, and 13 survive termination of these Terms.

12.1 — User Assumption of Responsibility

You acknowledge and agree that any decision to consume alcohol is yours alone. Beer KC provides informational content about breweries and beer — it does not serve, sell, or supply alcohol, and it has no control over the quantity or type of alcohol you choose to consume at any venue referenced on the Platform. You assume full personal responsibility for your alcohol consumption and for all decisions and actions you make before, during, and after consuming alcohol.

12.2 — No Endorsement of Impaired Driving

Beer KC expressly does not condone, promote, or encourage operating any motor vehicle, motorcycle, bicycle, scooter, watercraft, or any other vehicle while under the influence of alcohol or any impairing substance. The Platform does not provide, arrange, recommend, or endorse any specific transportation service. Any reference to rideshare services, taxis, or transit options in or around brewery listings is provided for general convenience only and does not constitute an endorsement or a guarantee of availability.

Beer KC shall not be liable, under any legal theory, for any injury, death, property damage, or other harm arising from a user's decision to operate a vehicle or other conveyance while impaired by alcohol or any other substance.

12.3 — Crawl Participation & Safe Transportation

Beer crawls available on the Platform ("Crawls") are curated routes connecting multiple brewery locations. Crawls are designed as a social and discovery experience. They are not intended to encourage excessive alcohol consumption, and participation does not excuse any user from compliance with applicable laws or from exercising sound personal judgment.

By participating in any Crawl feature of the Platform, you expressly acknowledge and agree to all of the following:

• You are solely responsible for planning and arranging safe, sober transportation for yourself and any guests in your care before beginning any Crawl or brewery visit.
• Crawls are informational itineraries only. Beer KC does not organize, supervise, lead, staff, or sponsor any in-person Crawl event and has no physical presence at any brewery or Crawl stop.
• Beer KC is not responsible for your conduct, the conduct of others in your group, or for any incident, injury, loss, or damage that occurs during or after participation in a Crawl.
• You will not operate a motor vehicle or any other vehicle after consuming alcohol at any point during a Crawl. Designating a sober driver or using a rideshare or taxi service is your responsibility alone.
• Participation in a Crawl does not create any agency, employment, joint venture, partnership, or other relationship between you and Beer KC.

12.4 — Your Obligation to Plan Ahead

Before visiting any brewery or participating in any Crawl, you agree to plan for safe, sober transportation in advance. Options include but are not limited to: designating a sober driver, using a licensed rideshare or taxi service, using public transportation, or making other arrangements that do not involve operating a vehicle while impaired. Beer KC strongly encourages all users to make these arrangements before they begin consuming alcohol — not after.

12.5 — No Liability for Alcohol-Related Harm

To the maximum extent permitted by applicable law, Beer KC and its owners, officers, employees, and agents expressly disclaim all liability for any injury, illness, death, property damage, legal consequence, or other harm of any kind that arises from or is related to your consumption of alcohol, your participation in any Crawl, your presence at any brewery or establishment referenced on the Platform, or any decision you make while under the influence of alcohol or any impairing substance. This disclaimer applies regardless of the legal theory asserted, including negligence, and regardless of whether Beer KC was advised of the possibility of such harm.

These Terms are governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Jackson County, Missouri, and you hereby consent to personal jurisdiction and venue in those courts.

Any claim arising from your use of the Platform must be brought within one (1) year after the claim arises, or it is permanently barred.

Questions about these Terms may be directed to: legal@beerkc.app