Terms of Service

Backbar Terms of Service

Effective date: September 9, 2026

These Terms of Service ("Terms") are a legal agreement between you and Smudge Ventures LLC ("Backbar," "we," "us") governing your use of the Backbar application and related services (the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 21 years old to use Backbar — 21 is the legal drinking and purchase age in every U.S. state, so we use it as a single, easy-to-apply threshold rather than a jurisdiction-by-jurisdiction test. By using the Service you represent and warrant that you meet this requirement and that you are not barred from using the Service under the laws of your jurisdiction or any other applicable law. We do not verify your age beyond this representation — app stores do not independently verify a user's real-world age — so this representation is the operative legal safeguard, and knowingly making a false one is itself a violation of these Terms. Backbar is a tool for adults who already choose to consume alcohol responsibly — it is not intended to encourage, and must not be used to encourage, alcohol consumption by anyone underage or otherwise.

The Service is currently offered only in the United States and Canada; see Section 17 for how these Terms apply if that changes.

2. Accounts

Accounts are created automatically when you sign up; we do not

manually review new accounts before they're activated. We may nonetheless decline, suspend, or revoke any account at our discretion, including if we have reason to believe you don't meet the eligibility requirements in Section 1.

You must provide accurate information and keep your login credentials

confidential. You are responsible for all activity under your account.

One account per person. You may not create an account on behalf of

someone else without authorization, or for an entity.

You may delete your account at any time in-app (Profile → Delete

Account). We may suspend or terminate your account at our discretion, including for violating these Terms — see Section 9.

3. The Service

Backbar lets you track a personal bar inventory, browse and save cocktail recipes, log drinks you've made, and chat with an AI assistant ("Mixologist") for recommendations based on what you own. Some features use AI-powered recognition (for example, of bottles, shelves, or recipe cards from a photo) powered by one or more third-party AI providers, which may change over time. The Service is informational only. It does not sell, deliver, or facilitate the purchase of alcohol.

We may add, change, or remove features — including introducing new content types, new AI providers, or new ways of interacting with the Service — and may modify or discontinue the Service (or any part of it) at any time. These Terms apply to the Service as it exists from time to time, not only as described above.

4. User Content

4.1 Ownership and license

As between you and us, you retain your rights in the content you submit — inventory entries, recipes, ratings, notes, photos and other media, and chat messages ("User Content"). By submitting User Content, you grant us a perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable license to use, host, store, reproduce, modify, adapt, publish, create derivative works from, publicly display and perform, distribute, and otherwise exploit that User Content, in any media or format now known or later developed, for any purpose related to operating, providing, promoting, and improving the Service or our business — including, for example, incorporating recipes you submit into a shared recipe database that remains part of the Service even after you delete your account (with attribution anonymized, per Section 4.3), featuring User Content in marketing, or using it in a future product or publication. We will only show your public-profile content or attributed contributions to other users to the extent your sharing settings direct; the license above governs our own rights to the underlying content, separately from what's visible to other users. To the extent any "moral rights" (such as rights of attribution or integrity) in your User Content can't be assigned or licensed under applicable law, you waive enforcement of those rights against us to the extent the law allows.

4.2 Your responsibilities

You are solely responsible for your User Content and represent that:

you own it or have the right to submit it and grant the license above

(for example, a photo of a recipe card you didn't create may still be copyrighted by someone else — you're responsible for having the right to use it, not us);

it does not violate any law or any third party's rights;
it does not depict, encourage, or promote excessive consumption,

underage drinking, drinking games, or unsafe/illegal activity;

if it includes another identifiable person (for example, someone else

visible in a bar or shelf photo), you have that person's permission to include them and to let us use it as described in Section 4.1.

4.3 Published recipes and account deletion

If you publish a recipe or other content for other users to discover, deleting your account removes your attribution from it but does not delete the content itself, because other users may already have it saved or the license in Section 4.1 may still apply to it. See the Privacy Policy, Section 5, for the full data-deletion behavior.

4.4 Our right to remove content

We may remove or refuse to display any User Content, and suspend or terminate the account that posted it, at our sole discretion — including content that is reported to us as objectionable — without prior notice.

4.5 Copyright complaints (DMCA)

If you believe User Content available through the Service infringes your copyright, send a notice to our designated agent at backbarsupport@smudgerton.com including: (a) your signature (physical or electronic); (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material you claim is infringing, and information reasonably sufficient to let us locate it; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf. We will remove or disable access to material we determine, in our discretion, is the subject of a valid notice, and will follow the counter-notice and repeat-infringer procedures required under 17 U.S.C. § 512 where applicable.

4.6 Feedback

If you send us feedback, suggestions, or ideas about the Service, you grant us an unrestricted, perpetual, royalty-free license to use them for any purpose without any obligation or compensation to you.

5. Reporting & Blocking

Backbar has no tolerance for objectionable or abusive content or behavior. If you encounter content or another user's behavior that violates these Terms, use the in-app Report option to flag it for our review, or contact us at backbarsupport@smudgerton.com. You can also block another user from within the app. We aim to act on reports — including removing violating content and suspending or ejecting the responsible account where warranted — within 24 hours of receiving them.

6. Acceptable Use

You agree not to:

use the Service for any illegal purpose, including facilitating the

sale or provision of alcohol to minors;

harass, threaten, impersonate, or defame another user;
post pornographic content, or content that objectifies real people;
scrape, reverse-engineer, or use automated means to access the Service

beyond normal use, or attempt to circumvent rate limits or approval gating;

upload malware or attempt to compromise the Service's security;
misuse the Mixologist AI feature, or any other AI-powered feature, to

generate content that violates these Terms.

Violation of this section is grounds for immediate suspension or termination.

7. AI Features Disclaimer

Mixologist chat and any AI-powered recognition or recommendation features are powered by third-party AI models and can be wrong. AI-generated suggestions, identifications, and cocktail recommendations:

are provided for informational and entertainment purposes only;
are not professional bartending, nutritional, medical, health, or

safety advice;

may misidentify a bottle, ingredient, or quantity, or suggest an

inaccurate recipe;

do not account for your specific allergies, medical conditions, or

medication interactions — you are solely responsible for verifying ingredients, alcohol content, and allergen information before consuming anything, using the recipe as a starting point rather than a guarantee.

This disclaimer applies equally to non-AI recipe and ingredient content on the Service (for example, recipes sourced from other users or curated by us) — nothing on the Service, AI-generated or not, should be treated as verified nutritional, allergen, medical, or safety guidance.

Assumption of risk. Cocktail preparation can involve raw or minimally processed ingredients (such as raw egg whites or dairy), high-proof or flammable spirits, and techniques like flambéing, carbonating, or infusing that carry their own handling risks separate from anything the Service tells you. By using a recipe or technique from the Service, you acknowledge these inherent risks and assume responsibility for preparing, handling, and consuming alcoholic beverages safely — including using proper food-safety practices, fire safety around flammable spirits, and your own judgment about ingredients you may be allergic or sensitive to.

8. Alcohol & Responsible Use

Backbar provides information about alcoholic beverages for adults of legal drinking age. You are solely responsible for your own decisions about alcohol consumption and for complying with all applicable laws. Never drink and drive. Nothing in the Service is intended to encourage excessive, underage, or unsafe consumption. If you or someone you know struggles with alcohol use, resources are available at SAMHSA's National Helpline (1-800-662-4357), or a jurisdiction-appropriate equivalent.

9. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access to the Service at any time, with or without cause or notice, including for violating these Terms, suspected fraud or abuse, or if required by law. Sections of these Terms that by their nature should survive termination (including Sections 4, 7, 8, and 10–16) will survive.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE ACCURATE, UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU USE THE SERVICE, INCLUDING ANY RECIPE OR AI-GENERATED SUGGESTION, AT YOUR OWN RISK.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SMUDGE VENTURES LLC, ITS MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, OR ANYONE ELSE INVOLVED IN CREATING OR DELIVERING THE SERVICE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, LOSS OF PROFITS, OR PERSONAL INJURY, ARISING FROM YOUR USE OF THE SERVICE OR ANY CONTENT (INCLUDING AI-GENERATED SUGGESTIONS) OBTAINED THROUGH IT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE.

Nothing in this Section 11 limits or excludes liability for death or personal injury caused by our gross negligence or willful misconduct, or any other liability that cannot be limited or excluded as a matter of applicable law.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. This Section 11 limits our liability to you — it does not limit or reduce your indemnification obligations to us under Section 12.

12. Indemnification

You agree to indemnify and hold harmless Smudge Ventures LLC, its managers, members, officers, employees, contractors, licensors, and affiliates from any claim, liability, damage, or expense (including reasonable attorneys' fees) arising from: your use of the Service; your User Content; your violation of these Terms; your violation of any law or the rights of a third party; or your consumption of alcohol, or your preparation, handling, or provision of alcoholic beverages to others, in connection with a recipe or other content obtained through the Service.

We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claims.

13. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles.

Agreement to arbitrate. You and Backbar agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its consumer arbitration rules then in effect, rather than in court, except that either party may bring an individual claim in small-claims court if it qualifies. This means you and Backbar are each waiving the right to a jury trial and the right to participate in a class action, class arbitration, or representative proceeding. The arbitrator, not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, or enforceability of this arbitration agreement, except that any challenge to the class-action-waiver provision above will be decided by a court.

Mandatory informal dispute resolution. Before starting an arbitration, you and Backbar each agree to first send a written Notice of Dispute describing the claim and the relief sought to the other party (to us, at backbarsupport@smudgerton.com), and to attempt in good faith to resolve the dispute informally for 60 days from the date the notice is received. Neither party may commence arbitration or a court proceeding during that 60-day period, and any applicable statute of limitations will be tolled while it runs.

Arbitration costs. We will pay the arbitration filing, administrative, and arbitrator fees to the extent AAA's consumer arbitration rules require us to, consistent with those rules' fee schedule for consumer claims, and within the time those rules or applicable law require.

Coordinated proceedings. Claims must be arbitrated on an individual basis only. If AAA's then-current rules provide a process for coordinating, staging, or batching multiple similar arbitration demands (for example, when many claims are filed together by the same or coordinated counsel), that AAA process — not any batching procedure outside of AAA's rules — governs how those claims are administered and how related fees are allocated.

Opt-out. You may opt out of this arbitration agreement by emailing backbarsupport@smudgerton.com within 30 days of first agreeing to these Terms, stating your name and that you opt out of arbitration. If you opt out, disputes will be resolved exclusively in the state or federal courts located in Kings County, New York, and you consent to personal jurisdiction there.

State-specific carve-outs. Nothing in this Section is intended to require arbitration or a class-action waiver where applicable state law prohibits it in a consumer contract like this one.

14. Subscriptions & In-App Purchases

Backbar offers one or more subscription plans. The specific plans, their names, prices, durations, and what each includes are described in the app and on the applicable app store's product page, and may change over time — that listing, not this document, is the authoritative source for current pricing and plan details. Purchases are made and billed through the in-app purchase system of the app store you downloaded Backbar from.

Payment. Payment is charged to your app store account at

confirmation of purchase.

Auto-renewal. Subscriptions automatically renew for the same

duration and at the then-current price unless you turn off auto-renew before the current period ends (your app store requires this at least 24 hours before renewal). Your account will be charged for renewal shortly before the end of the current period.

Managing or cancelling. You can manage or cancel your subscription

at any time in your app store account settings. Cancellation takes effect at the end of the current billing period; we don't provide refunds for the unused portion of a period, and we don't have the ability to do so directly, since the app store — not us — collects and holds the payment.

Free trials (if offered). If a plan includes a free trial, any

unused portion of the trial is forfeited when you purchase a paid subscription to that plan.

Price changes. We may change subscription prices going forward. For

existing subscribers, a price change will only take effect after advance notice and, where the applicable store's guidelines require it, your affirmative consent.

Refunds and billing disputes. Because the app store processes and

holds payment for these purchases, refund requests and billing disputes must be directed to the store you purchased through, not to us — we don't have access to your payment details and can't issue a refund on that store's behalf.

Entitlement data. We receive limited subscription-status

information from your app store (for example, your tier and whether your subscription is active) so we can unlock the features you've paid for; see the Privacy Policy for how that's handled.

15. Mobile App Store — Additional Terms

These Terms include provisions that depend on where you downloaded Backbar. The subsection below for your app store, together with the billing terms in Section 14, applies to you.

15.1 Apple App Store

If you downloaded Backbar from Apple's App Store, you acknowledge that:

Scope of licence. The licence we grant you for the Backbar

application is a non-transferable licence to use it on any Apple-branded products that you own or control, and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions — except that it may also be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.

This agreement is between you and us only, not with Apple. We, not

Apple, are solely responsible for the Service and its content, and for providing any maintenance and support services for it; Apple has no obligation whatsoever to furnish any maintenance or support services.

In the event of any failure of the Service to conform to any applicable

warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app to you; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Service.

We, not Apple, are responsible for addressing any claims relating to

the Service, including product-liability claims, claims that the Service fails to conform to legal or regulatory requirements, and claims arising from consumer-protection or similar legislation.

We, not Apple, are solely responsible for the investigation, defense,

settlement, and discharge of any claim that the Service or your possession/use of it infringes a third party's intellectual-property rights.

You represent that you are not located in a country subject to a U.S.

government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties.

You must comply with applicable third-party terms of agreement when

using the Service (for example, your wireless data-service agreement).

Apple, and Apple's subsidiaries, are third-party beneficiaries of these

Terms, and upon your acceptance will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Any questions, complaints, or claims about the Service should be

directed to us using the contact details in Section 19.

15.2 Google Play

If you downloaded Backbar from Google Play, you acknowledge that: this agreement is between you and us only, not with Google, and Google LLC has no obligation to furnish any maintenance or support for the Service; we, not Google, are responsible for the Service and for addressing any claims relating to it; and your use of the Service through Google Play is also subject to Google Play's Terms of Service.

16. Our Intellectual Property

Apart from User Content, the Service — including its design, software, the Backbar name and logo, and all other content we create — is owned by us or our licensors and is protected by copyright, trademark, and other laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your own personal, non-commercial use in accordance with these Terms. You may not copy, modify, distribute, sell, or reverse-engineer any part of the Service except as this license or applicable law expressly permits.

17. International Users

Backbar is currently offered only in the United States and Canada, and these Terms are written around U.S. law accordingly. This assumption depends on our actual app store distribution settings staying limited to the United States and Canada. If those settings ever change — including inadvertently — before this Section and the Privacy Policy's Section 10 are updated for the relevant jurisdiction, that mismatch is a gap to fix operationally, not something these Terms cure by themselves; review Sections 1 and 17 and the Privacy Policy's Section 10 before changing territory availability.

18. General

Changes to these Terms: we may update these Terms; continued use of

the Service after a change constitutes acceptance. Material changes will be flagged via a new "Effective date" and, where appropriate, an in-app notice.

Severability: if any provision is found unenforceable, the rest

remain in effect.

No waiver: our failure to enforce a provision is not a waiver of it.
Force majeure: we are not liable for delay or failure to perform

caused by events beyond our reasonable control.

Assignment: you may not assign these Terms; we may assign them in

connection with a merger, acquisition, or sale of assets.

Entire agreement: these Terms and the Privacy Policy are the entire

agreement between you and us regarding the Service.

Electronic communications: you consent to receive all

communications, notices, and disclosures from us electronically (for example, by email or in-app notice), and agree that these satisfy any legal requirement that such communications be in writing.

No other third-party beneficiaries: except for the app store

operators identified in Section 15, these Terms do not create any rights for a third party.

19. Contact

Smudge Ventures LLC 1 Hanson Pl #23F, Brooklyn, NY 11243 backbarsupport@smudgerton.com