Vendor / Brewer Participation Terms

This document governs the relationship between BeerZap and a vendor or brewer ("Vendor," "you") that claims a login, submits profile content, or configures a reward at an event run on BeerZap. It is separate from the Organizer Terms of Service because a vendor's obligations (product content accuracy, alcohol-promotion compliance for any reward it funds) are different in kind from an organizer's (billing, event-level liability).

1. Acceptance of Terms

By claiming a vendor/brewer login or otherwise submitting content or configuring a reward through the Service, you agree to these Terms on behalf of yourself and, if you are acting for a business, on behalf of that business, and you represent that you have authority to bind it.

2. Description of Service

BeerZap lets vendors and brewers present a profile (business name, beer list, photos) to festival attendees, subject to the event organizer's approval. Where enabled, a vendor may also fund and configure its own attendee-redeemable reward, independent of the organizer's own prizes, subject to organizer approval and — for any alcohol-category reward — the compliance-acknowledgment process described in Section 5.

BeerZap does not charge vendors a fee to participate as of this document's effective date; any vendor-funded reward is fulfilled by the vendor at its own booth, entirely outside BeerZap's billing systems.

3. Content-Submission License

You grant BeerZap and the event organizer a non-exclusive, worldwide, royalty-free license to display your submitted profile content (business name, beer/product list, descriptions, and photos) at the event and in BeerZap's own marketing materials. Submission of content is subject to the organizer's approval and is not a guarantee that your content will be published or displayed.

4. Data-Boundary Representation

BeerZap represents, as a verified architectural fact, that your vendor account does not have access to any attendee-level or personally identifying data. Vendor accounts can view only aggregate figures — leaderboard rank, average rating, and total redemption counts — never an individual attendee's name, location history, or capture record. This boundary is enforced technically at the database level through row-level security policies restricting vendor data access to narrow aggregate functions; it is not merely a promise in this document. Because of this architecture, you cannot be responsible for a privacy failure involving attendee-level data, since your account is structurally incapable of accessing it.

5. Alcohol-Promotion and Reward Compliance

If you configure a vendor-funded reward, you represent and warrant that:

• The reward, and any alcohol-related prize mechanic associated with it, complies with your own state's alcohol-promotion, tied-house, and related regulatory requirements;
• You bear sole responsibility for fulfillment of the reward at your own booth, and for any regulatory exposure arising from it;
• Any alcohol-category reward will not go live until the event organizer has separately completed both: (a) a signup-level acknowledgment confirming the organizer runs an age/ID/wristband eligibility gate at its event generally, and (b) a per-reward acknowledgment specific to that alcohol-category reward. An alcohol-category reward that has not received both acknowledgments remains hidden and its winners cannot be declared.

Redemption caps you set are described as "up to N redemptions" rather than "exactly N" — the system reserves the cap at the time a voucher is issued, not at redemption, so the actual number of items given away may land under your stated cap.

BeerZap does not verify or endorse the legality of any specific vendor-funded reward mechanic under any state's alcohol-promotion or tied-house law. The compliance acknowledgments described above are a process safeguard, not a legal determination, and do not substitute for your own independent legal compliance.

6. Vendor Indemnification for Product Content

You agree to indemnify, defend, and hold harmless BeerZap and the event organizer from any claim, damage, or expense (including reasonable attorneys' fees) arising out of: (a) any inaccurate or misleading claim in your submitted content, including allergen disclosures, ABV statements, or health/nutrition claims about your own product; (b) your breach of these Terms; or (c) your violation of any applicable law, including alcohol-promotion or ABC laws applicable to any reward you configure.

7. Alcohol-Service Disclaimer

You acknowledge and agree that BeerZap holds no federal, state, provincial, or local alcohol license of any kind, and does not manufacture, bottle, sell, serve, or deliver any alcoholic beverages. BeerZap is a software platform only. It has no operational role in the service, sale, or delivery of alcohol, or in the fulfillment of any vendor-funded reward, at any event. You, as the vendor, are solely responsible for your own alcohol-licensing status and compliance in connection with any product you serve or reward you fund.

8. Event-Safety Disclaimer

BeerZap has no control over, and is not responsible for, the conduct of any organizer, other vendor, sponsor, or attendee at an event, or the safety, legality, or outcome of any event. Participation in an event carries inherent risks (including risks associated with alcohol, crowds, weather, and venue conditions) that you freely and willfully assume.

9. Acceptable Use

Your use of the Service is also governed by the BeerZap Acceptable-Use & Prize-Promotion Terms, incorporated into this agreement by reference.

10. Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS. BEERZAP DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEERZAP WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE. BECAUSE VENDORS DO NOT PAY BEERZAP A FEE AS OF THIS DOCUMENT'S EFFECTIVE DATE, BEERZAP'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

12. Termination

The event organizer or BeerZap may remove your content or reward from an event for a violation of these Terms, the Acceptable-Use & Prize-Promotion Terms, or any applicable compliance requirement.

13. Modification of Terms

BeerZap may update these Terms from time to time. For any change we determine to be material, we will provide at least 14 days' advance notice by email and/or in-app notice, and will require you to re-accept the updated Terms (recorded with a new terms_version) before you can claim a new vendor login or configure a new reward.

14. Dispute Resolution — Arbitration and Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Before filing an arbitration demand, you agree to contact BeerZap at legal@beerzap.com and attempt in good faith to resolve the dispute informally for at least 30 days. Any dispute not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, on an individual basis only — not as a class, collective, or representative action — and both parties waive any right to a jury trial. Either party may bring an individual claim in small-claims court, and BeerZap may seek injunctive relief in court to protect its intellectual property. These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-laws principles, and any matter not subject to arbitration will be brought exclusively in the state and federal courts located in Colorado.

15. General Provisions

Severability. If any provision is found unenforceable, the remaining provisions remain in effect. Entire agreement. These Terms, together with the Acceptable-Use & Prize-Promotion Terms and Privacy Policy, are the entire agreement between you and BeerZap. Assignment. You may not assign these Terms without BeerZap's consent. Notices. BeerZap may provide notices via the email associated with your account or in-app notification.