BarBak Terms of Service

BarBak provides mobile pickup ordering technology for bars, restaurants, and other on-premise venues.

BarBak may allow guests to:

• Search for participating venues
• View venue menus
• Place pickup orders
• Submit payment
• Receive order updates
• Receive pickup tokens
• Pick up orders when ready

BarBak may allow venues and venue users to:

• Manage menus
• Manage pickup stations
• Receive orders
• Manage bartender queues
• Mark orders as making, ready, picked up, cancelled, or refunded
• Redeem pickup tokens
• Manage venue users
• View order history and operational information

BarBak is a technology platform. BarBak is not the licensed seller, server, provider, or furnisher of alcoholic beverages. The venue is responsible for menu offerings, prices, taxes, service decisions, legal compliance, order fulfillment, guest handoff, staff training, refunds, and venue operations.

"Guest" means a person who browses, places, or attempts to place an order through BarBak.

"Venue" means a participating bar, restaurant, brewery, lounge, nightclub, event venue, or other business using BarBak.

"Venue User" means an owner, manager, bartender, employee, contractor, or other person authorized to access BarBak on behalf of a Venue.

"Pickup Token" means a visible code, QR code, digital credential, or similar token used to help match an order to a guest at pickup.

"Order" means a request placed through BarBak for items offered by a Venue.

"Services" means BarBak's websites, ordering pages, dashboards, staff tools, manager tools, token systems, QR-code ordering tools, and related services.

You may use BarBak only if you can legally enter into these Terms.

If you use BarBak to order or attempt to obtain alcoholic beverages, you represent that you are at least 21 years of age and legally permitted to do so under the laws of the State of Texas.

BarBak is currently available only at participating Venues located in the State of Texas. Pickup is on-premises only. We do not deliver, ship, or otherwise transport alcoholic beverages, and we do not facilitate ordering from Venues outside of Texas.

You may not use BarBak to:

• Attempt to obtain alcohol unlawfully
• Attempt to obtain alcohol if you are underage
• Attempt to obtain alcohol for an underage person
• Attempt to bypass venue controls
• Attempt to misuse pickup tokens
• Violate applicable law or venue policy

Guests may use BarBak to browse participating venues, view menus, place pickup orders, submit payment, receive pickup tokens, and pick up orders.

Guests agree to:

• Provide accurate information
• Use their own payment method or a payment method they are authorized to use
• Review order details before checkout
• Pick up orders at the correct venue and pickup station
• Follow venue policies
• Use pickup tokens only as intended
• Not transfer, sell, duplicate, tamper with, or misuse pickup tokens
• Not use BarBak for illegal activity

An order confirmation, payment confirmation, or pickup token does not guarantee service. The Venue may refuse, cancel, modify, or delay an order where appropriate.

Venues are solely responsible for their own operations.

This includes:

• Licensing
• Alcohol service compliance
• Menu accuracy
• Pricing
• Taxes
• Staff training
• Order preparation
• Order handoff
• Guest interactions
• Refusal of service
• Refund decisions
• Chargebacks caused by venue operations
• Pickup station management
• Compliance with applicable law
• Compliance with payment processor rules
• Insurance
• Food and beverage safety
• Venue policies

Venue staff retain full discretion over whether to prepare, fulfill, hand off, refuse, cancel, or refund an order.

No part of BarBak requires or encourages a Venue to serve alcohol to any person.

BarBak is designed for on-premises pickup and on-premises consumption of orders at participating Venues. Orders are intended to be picked up at the bar and consumed on the licensed premises.

BarBak is not designed to authorize unlawful delivery, unlawful takeout, underage drinking, over-service, or service to intoxicated persons.

The Venue is responsible for determining whether an order may be legally and safely fulfilled.

The Venue may require age verification, identification, door check confirmation, staff approval, or other procedures before handing off an order.

TABC states that it is a violation for a TABC-licensed or permitted business to sell, serve, or deliver alcoholic beverages to a minor, and it is generally a violation to allow a minor to consume or possess alcohol on a licensed or permitted premises.

BarBak may generate Pickup Tokens for orders.

A Pickup Token may include:

• A visible pickup code, such as A23
• A QR code
• A secure digital token
• Pickup station information
• Order status
• Expiration status
• Redemption status

Pickup Tokens are intended to help the Venue match an order to the correct guest.

A Pickup Token may be:

• Active
• Ready
• Redeemed
• Expired
• Cancelled
• Refunded
• Invalid

Pickup Tokens may only be used as permitted by BarBak and the Venue.

Guests may not:

• Sell Pickup Tokens
• Transfer Pickup Tokens
• Duplicate Pickup Tokens
• Tamper with Pickup Tokens
• Attempt to redeem a token more than once
• Attempt to redeem a token for another person
• Attempt to redeem a screenshot if the Venue refuses it
• Use a token after it expires or is cancelled

A redeemed, expired, cancelled, or invalid token may be refused.

Orders are subject to availability, Venue approval, payment processing, service timing, and Venue policies.

BarBak and the Venue may reject, cancel, delay, modify, or refund an order if:

• An item is unavailable
• The Venue pauses ordering
• The Venue reaches capacity
• The Venue is closed
• The Venue determines service should be refused
• Payment fails
• The order appears fraudulent or abusive
• The pickup token is invalid
• The guest does not appear for pickup
• Applicable law or Venue policy requires it
• A technical error occurs

Menu descriptions, prices, taxes, fees, availability, pickup times, and images may change.

Prices, taxes, tips, fees, and totals will be shown before checkout where applicable.

Payments may be processed by third-party payment processors. BarBak does not store full card numbers.

By submitting payment information, you authorize the applicable payment processor, Venue, and/or BarBak to process the transaction according to the checkout flow and applicable payment terms.

Tips may be distributed according to Venue policy.

The Venue is responsible for determining, collecting, reporting, and remitting applicable taxes unless otherwise agreed in writing.

Payment processing may be subject to additional third-party terms.

Refunds, cancellations, substitutions, voids, and chargebacks are subject to Venue policy, BarBak settings, payment processor rules, and applicable law.

A Venue may refuse to hand off an order after it is placed or paid.

If an order is cancelled, unavailable, refused, or not picked up, refund treatment may depend on:

• Venue policy
• Whether the item was prepared
• Whether the order was redeemed
• Whether the token expired
• Payment processor rules
• Applicable law
• BarBak's then-current product settings

Guests should contact the Venue or BarBak support if they believe there is an issue with an order.

Venue Users may be created by BarBak internal administrators or authorized Venue managers.

Venue Users may access BarBak using passwordless login methods, such as email or phone verification.

Venue Users agree to:

• Use accurate account information
• Keep devices secure
• Keep email and phone accounts secure
• Access only authorized Venues
• Use only their own login credentials
• Not share staff access
• Not allow unauthorized users to access dashboards
• Not misuse guest, order, or payment information
• Follow Venue policies and applicable law

BarBak may suspend or disable Venue User access if we believe access has been misused or creates risk.

BarBak may create, configure, activate, deactivate, update, or manage Venues, Venue Users, menus, pickup stations, settings, and platform access for onboarding, support, security, operations, billing, or compliance purposes.

A Venue using BarBak agrees to:

• Provide accurate Venue information
• Maintain required licenses, permits, and approvals
• Keep menus, prices, taxes, and item availability accurate
• Train staff on BarBak use
• Maintain backup procedures if BarBak is unavailable
• Use BarBak only for lawful purposes
• Comply with payment processor rules
• Comply with applicable alcohol, tax, employment, privacy, and consumer protection laws
• Promptly notify BarBak of unauthorized access or security issues
• Ensure Venue Users have appropriate authorization

Venue agreements may include additional terms. If a separate written agreement between BarBak and a Venue conflicts with these Terms, the separate written agreement controls for that Venue.

You agree not to:

• Use BarBak unlawfully
• Use BarBak to facilitate illegal alcohol service
• Attempt to bypass age, safety, or venue controls
• Misuse pickup tokens
• Interfere with order queues
• Access another Venue's data without authorization
• Access another user's account
• Scrape, harvest, or copy data without permission
• Reverse engineer the Services
• Upload or transmit malicious code
• Attempt unauthorized access
• Interfere with security features
• Overload or disrupt the Services
• Misrepresent your identity or authority
• Use BarBak to harass, abuse, or harm others
• Use BarBak in a way that damages BarBak, guests, Venues, or staff

BarBak may offer beta, pilot, or experimental features.

These features may be incomplete, unavailable, changed, suspended, or discontinued at any time.

Pilot venues may be subject to separate pilot agreements.

BarBak may be unavailable, delayed, interrupted, inaccurate, or affected by technical errors.

We do not guarantee:

• Continuous availability
• Error-free operation
• Real-time delivery of every notification
• Increased revenue
• Reduced wait times
• Prevention of every wrong order
• Prevention of every token misuse
• Compliance by any Venue or user

Venues should maintain backup procedures for taking, fulfilling, and refunding orders if BarBak is unavailable.

BarBak may rely on third-party services, including:

• Hosting providers
• Database providers
• Payment processors
• Authentication providers
• SMS providers
• Email providers
• Analytics providers
• Error monitoring tools
• Support tools

Third-party services are subject to their own terms and policies. BarBak is not responsible for third-party services outside our control.

BarBak owns or licenses the Services, including software, designs, interfaces, graphics, logos, trademarks, service marks, text, technology, and other materials.

Subject to these Terms, BarBak grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for their intended purpose.

You may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from BarBak without our written permission.

Venues may provide names, logos, menu items, descriptions, prices, images, addresses, hours, policies, and other content.

Venues represent that they have the right to provide this content.

Venues grant BarBak a non-exclusive, worldwide, royalty-free license to use, display, host, reproduce, modify, and distribute Venue content as needed to provide, operate, support, and promote the Services.

BarBak may remove or modify Venue content if we believe it violates these Terms, law, payment processor rules, or third-party rights.

If you provide feedback, ideas, suggestions, designs, improvements, or recommendations, you grant BarBak the right to use them without restriction or compensation.

Use of BarBak is governed by our Privacy Policy.

By using BarBak, you agree that we may collect, use, disclose, and protect information as described in the Privacy Policy.

Venue dashboards, admin tools, business information, pricing, technical information, product plans, and non-public features may be confidential.

Venue Users and Venues agree not to disclose non-public BarBak information except as necessary to use the Services or as required by law.

BarBak may collect and use aggregated, de-identified, or anonymized data to operate, analyze, improve, benchmark, and market the Services.

Aggregated or de-identified data will not reasonably identify a specific guest.

We may suspend, restrict, or terminate access to BarBak at any time if we believe:

• You violated these Terms
• You violated law
• You created risk for BarBak, a Venue, guests, or others
• Your account was compromised
• Payment failed
• A Venue agreement ended
• Continued access may create legal, security, operational, or payment risk

You may stop using BarBak at any time.

Certain provisions of these Terms will survive termination, including provisions related to intellectual property, payments, refunds, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution.

BarBak is provided "as is" and "as available."

To the fullest extent permitted by law, BarBak disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, reliability, and security.

BarBak does not guarantee that the Services will:

• Be uninterrupted
• Be error-free
• Increase Venue revenue
• Reduce wait times
• Prevent all order errors
• Prevent all token misuse
• Prevent all chargebacks
• Ensure legal compliance by any Venue or user
• Prevent underage or improper alcohol service
• Replace Venue policies, training, or supervision

To the fullest extent permitted by law, BarBak, BetterCarte LLC, and their officers, directors, employees, contractors, agents, affiliates, and licensors will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, business interruption, reputational harm, loss of goodwill, service interruption, or cost of substitute services.

To the fullest extent permitted by law, BarBak's total liability for any claim relating to the Services will not exceed the greater of:

• the amount paid to BarBak for the Services giving rise to the claim during the three months before the event giving rise to liability; or
• $100 if no amounts were paid.

Some jurisdictions do not allow certain limitations, so some limitations may not apply to you.

You agree to defend, indemnify, and hold harmless BetterCarte LLC, BarBak, and their officers, directors, employees, contractors, agents, affiliates, and licensors from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

• Your use of BarBak
• Your violation of these Terms
• Your violation of law
• Your misuse of pickup tokens
• Your order or attempted order
• Your Venue operations
• Your alcohol service decisions
• Your refusal, fulfillment, handoff, or cancellation of orders
• Your menu, prices, taxes, or Venue content
• Your employees, contractors, or Venue Users
• Your payment disputes, refunds, or chargebacks
• Your privacy or data protection obligations
• Your negligence, misconduct, or fraud

For Venue Users using BarBak on behalf of a Venue, this indemnification obligation applies to the Venue or organization to the fullest extent permitted by law.

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules, unless applicable law requires otherwise.

Separate Venue agreements may include different or additional governing law, venue, arbitration, or dispute resolution provisions.

Before filing a claim, you agree to contact us at info@bettercarte.com and attempt to resolve the dispute informally.

If the dispute cannot be resolved informally, disputes will be handled in the state or federal courts located in Texas, unless a separate written agreement provides otherwise or applicable law requires otherwise.

We may update these Terms from time to time.

If we make material changes, we may provide notice through the website, dashboard, email, or another appropriate method.

The updated Terms will be effective when posted unless otherwise stated.

Continued use of BarBak after updated Terms become effective means you accept the updated Terms.

These Terms, together with the Privacy Policy and any applicable written agreement, form the entire agreement between you and BarBak regarding the Services.

If any provision of these Terms is found unenforceable, the remaining provisions remain in effect.

You may not assign these Terms without our consent. We may assign these Terms as part of a merger, acquisition, financing, restructuring, sale of assets, or by operation of law.

Our failure to enforce a provision is not a waiver.

Headings are for convenience only.