Terms of Service
Last updated:
1. Agreement to Terms
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Inolab (“Company,” “we,” “us,” or “our”) governing your access to and use of the Beanwise mobile application and related services (collectively, the “Service”).
By downloading, installing, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.
We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms within the Service and updating the “Last Updated” date. Your continued use of the Service after such modifications constitutes your acceptance of the revised Terms.
2. Eligibility
You must be at least 13 years of age (or 16 years of age in certain jurisdictions) to use the Service. If you are under 18 years of age, you represent that you have obtained parental or guardian consent to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.
3. Account Registration and Security
3.1 Account Creation
To access certain features of the Service, you must create an account. You may register using your email address or through third-party authentication providers such as Google and Apple. You agree to provide accurate, current, and complete information during the registration process.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account information.
3.3 One Account Per User
Each user may only create and maintain one account. Creating multiple accounts may result in termination of all associated accounts.
4. License to Use the Service
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Service on a device that you own or control, solely for your personal, non-commercial use.
This license does not include any right to: (a) modify, adapt, or create derivative works based on the Service; (b) reverse engineer, decompile, or disassemble the Service; (c) rent, lease, lend, sell, sublicense, or transfer the Service to any third party; or (d) use the Service for any commercial purpose without our prior written consent.
5. User-Generated Content
5.1 Your Content
The Service allows you to create, submit, store, and share content, including but not limited to brewing recipes, equipment information, coffee bean data, notes, ratings, and other materials (“User Content”). You retain ownership of your User Content, subject to the license granted below.
5.2 License to User Content
By submitting User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with operating and improving the Service. This license continues even if you stop using the Service, but only to the extent necessary for us to continue providing the Service to other users.
5.3 Content Standards
You represent and warrant that your User Content:
- Is accurate and not misleading
- Does not infringe any third party’s intellectual property rights
- Does not violate any applicable law or regulation
- Does not contain any material that is defamatory, obscene, or offensive
- Does not contain any viruses, malware, or other harmful code
6. Prohibited Uses
You agree not to use the Service to:
- Violate any applicable law, regulation, or these Terms
- Infringe upon the intellectual property rights of others
- Transmit any malicious code, viruses, or harmful data
- Interfere with or disrupt the Service or servers connected to the Service
- Attempt to gain unauthorized access to any portion of the Service
- Scrape, harvest, or collect information from the Service without authorization
- Impersonate any person or entity or misrepresent your affiliation
- Use the Service for any commercial purpose without our written consent
- Create multiple accounts or share account credentials
- Engage in any activity that could harm, disable, or impair the Service
7. Intellectual Property Rights
7.1 Our Intellectual Property
The Service, including its design, features, functionality, text, graphics, logos, icons, images, audio, video, software, and all other content (excluding User Content), is owned by Inolab and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written permission.
7.2 Platform Recipes
Recipes and brewing guides created by Inolab and marked as “Platform Recipes” are our intellectual property. You may use these recipes for personal, non-commercial purposes but may not reproduce, distribute, or create derivative works from them without our written permission.
7.3 Feedback
If you provide us with any feedback, suggestions, or ideas regarding the Service (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into our products and services without any obligation to you.
8. Third-Party Services and Links
The Service may contain links to third-party websites, services, or content that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party services. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of or reliance on any third-party services.
9. Disclaimers
9.1 Service Provided “As Is”
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
9.2 No Guarantee of Results
We do not warrant that the Service will meet your requirements, that the Service will be uninterrupted, timely, secure, or error-free, or that any brewing results or recommendations will meet your expectations. The brewing parameters and recipes provided through the Service are for informational and entertainment purposes only.
9.3 Coffee Brewing Disclaimer
Brewing coffee involves hot water and equipment that, if used improperly, could cause injury. You assume all responsibility for the safe operation of your coffee brewing equipment. We are not liable for any injuries, damages, or losses resulting from your brewing activities.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INOLAB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE SERVICE EXCEED THE AMOUNT YOU HAVE PAID US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
11. Indemnification
You agree to defend, indemnify, and hold harmless Inolab and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of another person or entity.
12. Termination
12.1 Termination by You
You may terminate your account at any time by deleting your account through the Service settings or by contacting us at [email protected]. Upon termination, your right to use the Service will immediately cease.
12.2 Termination by Us
We reserve the right to suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice, including but not limited to:
- Violation of these Terms
- Conduct that we determine is harmful to other users or the Service
- Extended periods of inactivity
- Requests by law enforcement or government agencies
12.3 Effect of Termination
Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability. We may delete your User Content within 30 days following termination.
13. Dispute Resolution
13.1 Informal Resolution
Before filing a claim against us, you agree to try to resolve the dispute informally by contacting us at [email protected]. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or we may proceed to formal dispute resolution.
13.2 Binding Arbitration
Any dispute arising from or relating to these Terms or the Service that cannot be resolved informally shall be finally settled by binding arbitration in accordance with the rules of “tribunal du commerce”. The arbitration shall be conducted in Paris, France, and judgment on the award may be entered in any court having jurisdiction. This arbitration agreement shall survive termination of these Terms.
13.3 Class Action Waiver
YOU AND INOLAB AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law provisions. To the extent that arbitration is not required, you agree to submit to the exclusive jurisdiction of the courts located in Paris for the resolution of any disputes.
15. General Provisions
15.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Inolab regarding the Service and supersede all prior agreements and understandings.
15.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.
15.3 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by us to be effective.
15.4 Assignment
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
15.5 Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or internet failures.
16. Contact Information
If you have any questions about these Terms, please contact us at:
Inolab
Email: [email protected]
17. Acknowledgment
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTOOD THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE SERVICE.