Terms of Service

Agreement

These terms are an agreement between you and ZeroPoint Holdings LLC, a Missouri limited liability company (“we”, “us”), which operates Proof & Palate (the “app”). By using the app you agree to these terms and to our Privacy Policy. If you don’t agree, don’t use the app.

Who can use the app

You must be of legal drinking age where you live, and at least 21 years old. You must be able to form a binding contract. If you use the app for a business, you confirm you are authorized to bind that business, and “you” includes it.

Enjoy responsibly

Proof & Palate is a journal and an information service. It does not sell, deliver or serve alcohol. Nothing in the app is medical, health or legal advice. Please drink responsibly, never drink and drive, and follow the laws where you are. You are responsible for how much you drink.

Your account

You sign in with a link sent to your email, so keep access to that email account secure. You are responsible for activity on your account. Give accurate information, keep one account per person, and tell us through Messages if you think someone else has accessed it.

Your content

You own the tastings, notes, photos-derived data, shelf entries and other content you add (“your content”). You give us a non-exclusive, worldwide, royalty-free license to host, store, process, display and adapt your content to run and improve the app: for example, to show your private journal to you, to show content you make public to others, to compute your flavor profile, and, only if you opt in, to include it in aggregate de-identified insights as described in the Privacy Policy. This license ends when you delete the content or your account, except for content others have already copied within the app’s features (such as a flight you took part in) and aggregate insights already produced.

You are responsible for your content. Only post content you have the right to post. Don’t copy other people’s reviews or tasting notes into the app as your own.

Acceptable use

Don’t use the app to:

• Break the law, including alcohol beverage laws, or encourage underage or irresponsible drinking.
• Sell, offer, trade or arrange the sale of alcohol between users.
• Harass, threaten, impersonate or mislead others, including by falsely claiming to represent a distillery, brand, retailer or bar.
• Post spam, hateful content, sexual content or anyone’s private information.
• Scrape, copy or bulk-download the catalog or other users’ content, or use the app to build a competing dataset.
• Get around limits, security or access controls, probe for vulnerabilities, or interfere with the service.
• Reverse engineer the app except where the law allows it, or upload malicious code.

We may remove content or limit accounts that break these rules.

Bottle information, reference notes and recommendations

Bottle facts come from producers’ published information and public government data, and may be incomplete, outdated or wrong. Check the label. Prices are approximate.

“Reference notes” are our own editorial descriptions written from producer facts. They are a starting point to compare with your glass, not tasting reviews, and they are not written or endorsed by the producers. Match scores, flavor maps and recommendations are estimates based on your logged tastings and our reference data; your palate is your own and results will vary.

Brand names, product names and logos belong to their owners. Their appearance in the app does not mean they sponsor, endorse or are affiliated with us.

Scanning

Label and barcode scanning uses automated reading that can make mistakes, so confirm the bottle before relying on it. Scan limits depend on your plan.

Stores, links and affiliate disclosure

The app links to retailers, producers and other sites we don’t control. Any purchase is between you and the seller, under their terms and the laws that apply to you; availability and shipping of spirits vary by state. Some links may be affiliate links: if you buy after following one, we may earn a commission, at no extra cost to you. Affiliate relationships do not change match scores or recommendations.

Paid plans

Some features require a paid plan (such as Palate+). Payments are processed by Stripe. Subscriptions renew automatically at the end of each billing period until you cancel. You can cancel any time from Palate+ or the billing portal, and you keep access until the end of the period you paid for. Except where the law requires otherwise, payments are not refundable and we don’t give credit for partial periods. We will tell you in advance before a price change takes effect, and you can cancel before it does. Free features, trials and beta access may change.

Business accounts

If you run a bar, club, store or distillery account, you are responsible for the accuracy of the information you publish (such as store or barrel picks, prices and availability) and for complying with the alcohol beverage laws that apply to your business, including advertising and trade-practice rules.

Our app

The app, including its design, code, flavor library, reference notes and catalog compilation, belongs to ZeroPoint Holdings LLC and its licensors. We give you a personal, limited, non-transferable license to use the app as these terms allow. If you send us feedback or suggestions, we may use them without obligation to you.

Ending your use

You can stop using the app and delete your account at any time from Account. We may suspend or end your access if you break these terms, if required by law, or if we stop offering the app; where reasonable we will tell you first and give you a chance to export your data. Sections that by their nature should survive (such as ownership, disclaimers, limits of liability and disputes) survive termination.

Disclaimers

The app is provided “as is” and “as available.” To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy and non-infringement. We don’t promise the app will be uninterrupted, error-free or that any bottle information or recommendation is accurate.

Limits on liability

To the fullest extent the law allows, we will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, data or goodwill, arising from your use of the app. Our total liability for any claim relating to the app is limited to the greater of the amount you paid us in the 12 months before the claim or US $50. Some places don’t allow these limits, so they may not fully apply to you.

Indemnity

If you break these terms or the law, or your content infringes someone’s rights, and that leads to a claim against us, you agree to cover our reasonable losses and costs from that claim, to the extent the law allows.

Disputes

Missouri law governs these terms, without regard to conflict-of-law rules. Before filing a claim, please contact us through Messages and give us 30 days to try to resolve it informally. If we can’t, the state and federal courts located in Missouri have exclusive jurisdiction, and you and we consent to them; either of us may bring a qualifying claim in small claims court instead.

Changes to these terms

We may update these terms. We will post changes here with a new date and, for significant changes, tell you in the app before they take effect. If you keep using the app after that, the new terms apply.

General

These terms and the Privacy Policy are the whole agreement between you and us about the app. If any part is unenforceable, the rest stays in effect. Our not enforcing a term is not a waiver. You may not transfer these terms; we may transfer them in connection with a merger, acquisition or sale of assets.

Contact us

Send us a message in the app: open Messages and start a conversation. Choose “Privacy request” for anything about your data and “Legal notice” for legal matters. Messages need a free account so we have somewhere to reply; if you can’t create one, say so in any message channel you can reach and we will work with you.

ZeroPoint Holdings LLC, Missouri.