Terms of Service

1. Eligibility

To use the Service, you must:

• Be at least 18 years of age. The Service involves hospitality events where alcohol may be served, and we do not permit use by minors.
• Have the legal capacity to enter into a binding agreement.
• Not be prohibited from using the Service under applicable federal, state, or local laws.
• Provide accurate and complete registration information.

By creating an account, you represent and warrant that you meet all eligibility requirements. We reserve the right to request verification of your age or identity at any time.

2. Description of the Service

almíbar is a hospitality marketplace platform that connects:

• Talent — bartenders, servers, performers, hosts, and other hospitality professionals
• Venues — bars, restaurants, event spaces, and hospitality establishments
• Brands — companies seeking to sponsor, activate, or collaborate at hospitality events
• Guests — individuals who attend and check in to events

The Service includes, but is not limited to:

• User account creation and profile management across multiple profile types (Guest, Talent, Brand, Venue)
• Event creation, discovery, and management
• A proposal and negotiation system for event collaborations
• Payment processing, including escrow and platform fee collection
• Check-in functionality at venues and events
• Social features such as following, curated lists, and messaging
• Mobile applications for iOS and Android
• Email and push notifications

3. Account Registration and Responsibilities

3.1 Account Creation

To access most features of the Service, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your information as needed
• Keep your password and login credentials secure and confidential
• Notify us immediately of any unauthorized access to your account
• Accept full responsibility for all activities that occur under your account

3.2 Account Types

almíbar supports multiple profile types. You may maintain one account and switch between or hold multiple profile types (e.g., a bartender who is also a venue manager). Each profile type carries specific responsibilities as described in these Terms.

3.3 Account Suspension and Termination

We reserve the right to suspend or terminate accounts that violate these Terms, contain false or misleading information, or engage in conduct that we determine, in our sole discretion, to be harmful to other users or the platform.

4. almíbar's Role as a Marketplace Facilitator

4.1 Not an Employer or Agency

almíbar is a technology platform that facilitates connections between Talent, Venues, Brands, and Guests. almíbar is not an employer, staffing agency, talent agency, event organizer, or party to any agreement between Users. We do not:

• Employ, supervise, or direct the work of any Talent
• Guarantee the quality, safety, legality, or reliability of any User's services
• Endorse any User, venue, brand, or event
• Assume responsibility for the conduct of any User, whether online or offline

4.2 Independent Contractor Relationship

Talent who accept proposals or engagements through the Service are independent contractors or direct employees/contractors of the engaging Venue or Brand. almíbar does not create an employment, agency, joint venture, or partnership relationship with any User.

4.3 User Responsibility

Users are solely responsible for:

• Verifying the qualifications, credentials, and suitability of other Users
• Complying with all applicable federal, state, and local laws, including employment, tax, licensing, and health and safety regulations
• Ensuring appropriate insurance coverage for their activities
• Any agreements, arrangements, or disputes between themselves

5. Events and Proposals

5.1 For Talent

When you submit a proposal or accept an engagement through the Service, you represent that you have the skills, qualifications, certifications, and legal right to perform the services described. You agree to fulfill accepted engagements professionally, arrive on time, and comply with venue policies and applicable laws (including alcohol service regulations).

5.2 For Venues and Brands

When you create an event or accept a proposal, you represent that:

• The information provided is accurate and complete
• You have the authority to engage Talent and host events
• You will provide a safe working environment in compliance with applicable laws
• You will compensate Talent as agreed through the platform

5.3 Cancellations

Cancellation policies for events and engagements are established at the time of booking. Users who cancel engagements may be subject to cancellation fees as disclosed in the applicable event or proposal terms. Repeated cancellations or no-shows may result in account restrictions or termination.

6. Payment Terms

6.1 Payment Processing

All payments through the Service are processed by Stripe, Inc. ("Stripe") through its Stripe Connect platform. By using the payment features of the Service, you agree to be bound by Stripe's Terms of Service and Stripe's Connected Account Agreement, as applicable. almíbar does not directly process, store, or have access to your full payment card information.

6.2 Platform Fee

almíbar charges a platform fee on certain transactions processed through the Service. The applicable fee rate will be clearly disclosed to you before you complete any transaction. This fee is automatically deducted from the transaction amount before payout to the payee. The platform fee covers the use of the Service, including payment facilitation, fund holding, and platform maintenance. We reserve the right to modify our fee structure at any time, with prior notice to affected Users.

6.3 Fund Holding and Payouts

For certain transactions, funds may be held by Stripe on behalf of almíbar until the conditions for release are met (e.g., event completion, check-in confirmation, or mutual agreement). Funds are held in accordance with Stripe's policies and are not held in escrow accounts. Payouts to Talent, Venues, or Brands are processed according to the payout schedule established for each transaction, subject to Stripe's processing times.

6.4 Taxes

Each User is solely responsible for determining and fulfilling their own tax obligations, including income tax, self-employment tax, sales tax, and any other applicable taxes arising from their use of the Service. almíbar does not provide tax advice, and we may issue tax reporting forms (e.g., IRS Form 1099) as required by law.

6.5 Refunds and Disputes

• Refund requests related to event cancellations or service disputes should first be addressed between the Users involved.
• almíbar may, at its sole discretion, mediate payment disputes or issue refunds in cases of platform errors, fraud, or clear violations of these Terms.
• Chargebacks initiated through a User's bank or card issuer may result in account suspension pending investigation.
• almíbar reserves the right to withhold payouts during the investigation of any dispute, fraud allegation, or Terms violation.

7. User Content and Intellectual Property

7.1 Your Content

You retain ownership of all content you create, upload, or post through the Service ("User Content"), including profile information, photos, event descriptions, reviews, and messages. By posting User Content, you grant almíbar a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, display, and distribute your User Content in connection with operating, promoting, and improving the Service.

7.2 Content Standards

You represent and warrant that your User Content:

• Does not infringe any third party's intellectual property, publicity, or privacy rights
• Does not contain illegal, harmful, threatening, abusive, defamatory, or obscene material
• Does not include personal information of others without their consent
• Is accurate and not misleading
• Complies with all applicable laws and regulations

7.3 Content Removal

We reserve the right to remove, disable, or restrict access to any User Content that violates these Terms or that we deem, in our sole discretion, to be inappropriate, harmful, or objectionable, without prior notice or liability to you.

7.4 almíbar's Intellectual Property

The Service and its original content (excluding User Content), features, functionality, design, logos, trademarks, and trade dress are owned by Mise en POP, LLC and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, lease, or create derivative works based on the Service or any of our intellectual property without our express written permission.

7.5 Feedback

If you provide us with feedback, suggestions, or ideas about the Service ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use and incorporate such Feedback without obligation to you.

8. Prohibited Conduct

You agree NOT to:

• Use the Service for any unlawful purpose or in violation of any applicable law
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Harass, abuse, threaten, stalk, or intimidate other Users
• Post false, misleading, or deceptive content
• Transmit spam, unsolicited promotions, or advertising
• Upload or transmit viruses, malware, or other malicious code
• Attempt to gain unauthorized access to any part of the Service, other accounts, or computer systems
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Scrape, crawl, or collect data from the Service using automated means without our prior written consent
• Circumvent, disable, or otherwise interfere with security-related features
• Engage in discriminatory behavior based on race, ethnicity, gender, sexual orientation, religion, disability, or any other protected characteristic
• Use the Service to facilitate any transaction outside the platform to avoid platform fees
• Create multiple accounts for deceptive purposes
• Solicit Users to transact outside of the almíbar platform for engagements initiated through the Service
• Violate the rights of any third party

We reserve the right to investigate and take appropriate action, including account termination and referral to law enforcement, for violations of this section.

9. Check-In System

9.1 Check-In Data

The Service includes a check-in feature that allows Guests and Talent to check in at events and venues. When you check in, certain information (such as your name, profile photo, and the time and location of your check-in) may be shared with the event organizer, hosting Venue, and sponsoring Brand(s) associated with the event.

9.2 Sponsor Data Access

When Brands sponsor events on almíbar, they may receive aggregated or individual check-in data for the events they sponsor. This data enables Brands to measure event engagement and reach. The specific data shared with sponsors is detailed in our Privacy Policy. By checking in to a sponsored event, you acknowledge that your check-in data may be shared with the event's sponsor(s) as described.

10. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

11. Third-Party Services and Links

The Service may contain links to third-party websites, services, or content that are not owned or controlled by almíbar. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You access third-party content at your own risk.

12. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, ALMIBAR DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE
• WARRANTIES THAT DEFECTS WILL BE CORRECTED

ALMIBAR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE, AND ALMIBAR WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS.

YOU ACKNOWLEDGE THAT ALMIBAR DOES NOT SCREEN, VET, OR PERFORM BACKGROUND CHECKS ON USERS UNLESS EXPLICITLY STATED OTHERWISE. YOU USE THE SERVICE AND INTERACT WITH OTHER USERS AT YOUR OWN RISK.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALMIBAR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE SERVICE
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
• ANY MATTER RELATING TO THE SERVICE

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ALMIBAR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO ALMIBAR IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

14. Indemnification

You agree to indemnify, defend, and hold harmless almíbar, Mise en POP, LLC, and their respective officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your access to or use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any rights of a third party
• Any dispute between you and another User
• Your tax obligations or failure to comply with tax laws

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@almibar.app and attempt to resolve the dispute informally. We will make good-faith efforts to resolve the dispute within thirty (30) days of receipt of your notice.

15.2 Binding Arbitration

If a dispute cannot be resolved informally within thirty (30) days, you and almíbar agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted in New Castle County, Delaware, or at another mutually agreed location. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.3 Arbitration Fees

For claims of $10,000 or less, almíbar will pay all arbitration filing and administration fees. For claims over $10,000, the parties shall share such fees equally, unless the arbitrator determines that such sharing is unjust.

15.4 Class Action Waiver

YOU AND ALMIBAR 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, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

15.5 Exceptions

The following are excluded from the arbitration agreement:

• Claims that qualify for small claims court
• Actions to protect intellectual property rights (patents, copyrights, trademarks, and trade secrets)
• Requests for injunctive or equitable relief to prevent imminent harm

15.6 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to legal@almibar.app within thirty (30) days of first accepting these Terms. Your notice must include your name, address, email associated with your account, and a clear statement that you wish to opt out of arbitration.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted under these Terms, you and almíbar agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Post the updated Terms on the Service
• Update the "Effective Date" at the top of this document
• Notify you by email or through an in-app notification at least thirty (30) days before the changes take effect

Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service and may request account deletion.

18. Termination

18.1 Termination by You

You may terminate your account at any time through the account settings in the Service or by contacting us at support@almibar.app. Termination does not relieve you of any obligations incurred prior to termination, including any outstanding payment obligations.

18.2 Termination by almíbar

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms. Upon termination:

• Your right to use the Service will cease immediately
• We may delete your account and associated data in accordance with our Privacy Policy
• Any outstanding payment obligations shall survive termination
• Provisions that by their nature should survive (including but not limited to Sections 7.5, 12, 13, 14, 15, and 16) will remain in effect

19. General Provisions

19.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and almíbar regarding the Service and supersede all prior or contemporaneous agreements, understandings, or representations.

19.2 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term, and almíbar's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

19.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. almíbar may assign these Terms without restriction.

19.5 Force Majeure

almíbar shall not be liable for any failure or delay in performing its obligations where such failure or delay results from events beyond its reasonable control, including but not limited to natural disasters, pandemics, acts of government, internet or telecommunications failures, or labor disputes.

19.6 Notices

All notices to almíbar under these Terms must be sent to legal@almibar.app. Notices to you will be sent to the email address associated with your account.

20. Contact Information

If you have any questions about these Terms, please contact us:

Mise en POP, LLC (d/b/a almíbar)
8 The Green, STE R
Dover, DE 19901
United States

Email: legal@almibar.app