Terms of Service

Last Updated: April 23, 2024

These Terms of Service (“Terms”) provide the general terms and conditions that govern your access to, use of, and interactions with: (a) the website provided by Flare Brew operated by Sayadi Law, SL. NIF: B01799527 Direction: Plaza Catalunya 1, 4th floor Triangle Building, 08002  Barcelona, Spain (“Flare Brew”, “our”, “we”, or “us”) located at flarebrew.com (the “Website”), (b) any Flare Brew-controlled social media pages (including on Facebook, Instagram, and Twitter), and/or (c) any content, functionality, and services offered on or through the Website and such Flare Brew-controlled social media pages, as well as your purchases of any products or services provided by Flare Brew (collectively, the “Services”).

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONTAIN A MANDATORY ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 16, WHICH REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT ON A CLASS-WIDE OR CONSOLIDATED BASIS OR BY A JURY TRIAL.

BY CLICKING “I ACCEPT” OR ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

If you have any questions about these Terms or our Services, please contact us at hello@flarebrew.com.

 

Privacy

For information about how we collect, use, share, or otherwise process information about you, please see our Privacy Policy at https://privacy.flarebrew.com/privacy-policy

 

Eligibility

You must be at least 18 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us. In addition, you must reside in the United States.

User Accounts and Account Security

You may need to register for an account to access some or all of our Services (e.g., monthly subscriptions). If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames. You agree that your account is not transferable and that in the event of your death, incapacity or unavailability, we may terminate any rights to your account.

 

Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:

Engage in any harassing, threatening, intimidating, predatory or stalking conduct against Flare Brews personnel;

Use or attempt to use another user’s account without authorization from that user and Flare Brews;

Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;

Solicit others to perform or participate in any unlawful acts;

Submit false or misleading information;

Upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;

Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;

Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;

Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;

Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;

Develop or use any applications that interact with our Services without our prior written consent;

Send or distribute spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes to Flare Brew or other users;

Bypass or ignore instructions contained in our robots.txt file; or

Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

Enforcement of this Section 4 is solely at Flare Brews’ discretion, and failure to enforce this Section 4 in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 4 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Flare Brews or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and will violate our intellectual property rights.

 

Trademarks

Flare Brew, and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Flare Brews and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

 

Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, reviews, suggestions, ideas, original or creative materials or other information about Flare Brews or our Services (collectively, “Feedback”). You explicitly grant us and our service providers, and each of their and our respective licensees, successors, and assigns a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in Flare Brews’ sole discretion. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in the Feedback. You understand that Flare Brews may treat Feedback as nonconfidential. We shall have no responsibility to evaluate, use, or compensate you for any Feedback. We do not guarantee that other users or third parties will not use the Feedback that you post. You may be able to remove your Feedback by specifically deleting it, but we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your Feedback. Any Feedback, whether publicly posted or privately transmitted, is the sole responsibility of the person who posted such Feedback. By posting Feedback, you represent and warrant that: (a) you are not a minor, (b) you own (or have all rights necessary to grant Flare Brews the license above to) all the Feedback you post, and that Flare Brews will not need to obtain licenses from any third party or pay royalties to any third party to use such Feedback, and (c) all of your Feedback does and will comply with these Terms and any content standards stated herein.

We do not automatically publish Feedback on the Website, and we may, without obligation, review Feedback before it is posted. We assume no liability or responsibility to anyone for any posted Feedback. We reserve the right to: (a) remove or refuse to post any Feedback for any or no reason in our sole discretion, including Feedback that (i) is in violation of the “Prohibited Conduct and Content” section of these Terms, (ii) is not appropriate due to regulatory concerns, (iii) is a review that is not related or does not correspond to the applicable product or service, or (iv) makes incorrect or misleading claims about our Services; (b) take any action with respect to any Feedback that we deem necessary or appropriate in our sole discretion; (c) disclose your identity or other information about you to any third party who claims that Feedback posted by you violates their rights, including their intellectual property rights or their right to privacy; and (d) take appropriate legal action for any illegal or unauthorized use of the Services.

 

Third-Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Flare Brews does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

 

SMS, MMS, and Other Text Message Terms and Conditions

Certain of our Services may allow you to receive SMS, MMS or other text message notifications (each, a “Text Message”). To the extent you voluntarily opt to have Text Messages sent directly to your mobile phone from us (or through our third-party vendors) concerning the marketing, promotion, payment, customer support, delivery (including order confirmations, tracking information, and shipping updates via email), and other transactional-related messages including checkout reminders (the “Program”), the following terms apply. For clarity, the Program is one of our Services.

 

User Opt In

You agree to receive recurring automated promotional and personalized marketing Text Messages (e.g., cart reminders) from us, including Text Messages that may be sent using an automatic telephone dialing system, to the mobile number you provided when signing up, or to any other number that you designate. By providing your mobile number, you represent and warrant that you are providing your own mobile number, not someone else’s mobile number, and that you are a legally authorized user of such mobile number. You agree that if you get a new mobile number, you will need to sign up for the Program with your new mobile number. Consent to receive automated marketing Text Messages is not a condition of any purchase. While you consent to receive Text Messages sent using an automatic telephone dialing system, the foregoing shall not be interpreted to suggest or imply that any or all of our Text Messages are sent using an automatic telephone dialing system.

 

User Opt Out

If you do not wish to continue participating in the Program or no longer wish to receive Text Messages, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any Text Message from us in order to opt out of the Program. You may receive an additional Text Message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our Text Message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE, or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that we will have no liability for failing to honor such improper requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out of the Program.

 

Text Message Frequency and Costs

We do not charge for the Program, but you are responsible for all charges and fees associated with sending and receiving Text Messages imposed by your wireless provider. Text Message and data rates may apply. You are solely responsible for all charges related to Text Messages, including charges from your wireless provider. You agree to receive Text Messages periodically at our discretion. Daily, weekly, and monthly Text Message frequency will vary. We reserve the right to alter the frequency of Text Messages sent at any time, so as to increase or decrease the total number of sent Text Messages.

 

Support Instructions

For support regarding the Program, text “HELP” to the number from which you receive Text Messages or email us at drink@mudwtr.com. Please note that the use of this email address is not an acceptable method of opting out of the Program. We may change any short code or telephone number we use to operate the Program at any time and will notify you of these changes. You acknowledge that any Text Messages, including any opt out or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such Text Messages. Not all mobile devices or handsets may be supported, and Text Messages may not be deliverable in all areas. The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

 

Prohibited Content; Indemnification

In addition to the restrictions set forth in Section 4 above, you acknowledge and agree to not send us Text Messages containing: (a) content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act or the Health Information Technology for Economic and Clinical Health Act; and (b) any other content that is prohibited by applicable law. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE NUMBER YOU PROVIDED.

 

Ordering, Delivery, Payments, and Billing

Paid Services and Terms of Sale

Certain of our Services, including the purchase of any products or subscriptions (such as monthly MUD plans) offered by us, may be subject to payments now or in the future (the “Paid Services”), which in certain cases may include recurring, automatically renewing payment obligations (as further described in the “Auto-Renewals and Recurring Billing for Monthly MUD Plans and Other Subscription Services” section below). Please see our Help / FAQ for a description of the current Paid Services, our shipping terms, and cancellation and refund policies. Please note that any additional payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.

We reserve the right to change the prices and available Paid Services at any time.  Quantities of some products may be limited, and stock cannot always be guaranteed. Products offered for sale by us are for sale only in the United States and all prices are quoted in U.S. dollars.  We may occasionally make errors in the stated prices, and we reserve the right to correct errors (whether by changing information on the Website or by informing you of the error and giving you an opportunity to cancel your order) or to update Paid Services information at any time without notice. 

You may place an order for Paid Services at any time (subject to any planned or unplanned downtime). You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Purchase” button on the checkout page. An order submitted by you constitutes a legally binding offer given by you to us to purchase the Paid Services specified in that order, subject to these Terms, at the price and on the terms stated when you sign up or place your order. All orders are subject to acceptance by us, and we reserve the right to refuse or limit any orders or limit any quantities. We will not be liable if a product is unavailable or if shipment is delayed. All orders are non-cancelable; we may grant or deny cancellation requests in our sole and absolute discretion. We reserve the right to provide substantially similar products to fulfill your order. 

Your order will not be considered accepted until we have received payment of the purchase price of your order. We may send an acknowledgment of our receipt of your order to the email address you provide, after your payment for the order has been processed, so that you may print the information for your records. Unless you have requested your order be shipped to Canada or unless otherwise stated at the time you place your order, title and risk of loss pass to you upon delivery to the common carrier for shipment, provided full payment of all sums due in respect of the product(s), including any delivery charges, has been received. By purchasing products on the Website for shipment, you are asking us to engage a common carrier to deliver your order. In doing so, we are providing a service to and acting on behalf of you. We reserve the right to choose any and all procedures, packaging and the common carrier of sold products. We may not be able to have your order shipped to a post office box, to certain addresses or on certain days. We reserve the right to ship your order in multiple boxes or shipments.

Our products and services, including, without limitation, our Paid Services, are for your personal, non-commercial use, and once delivered to you may not be resold, redistributed, exported or used for any other commercial purpose. The rights you have under these Terms are personal to you and are non-transferable.

We do not allow returns or substitutions of products.  All sales are final.

 

Shipping to Canada

If you have placed an order for Paid Services to be delivered to a location in Canada, the following additional terms apply:

Delivery of your order occurs, and title and risk of loss pass to you, at the time such Paid Services are handed off to the courier from the warehouse from which your order ships. Orders shipped to Canada may be subject to customs duties and/or import taxes. Shipping charges and applicable customs duties and taxes are your sole responsibility. By ordering Paid Services from our Website, you authorize the customs broker selected by us or our shipping agent to act as your agent to transact business with the Canada Border Services Agency to clear merchandise and to pay duties and taxes on your behalf.

 

Shipping to Australia

All Australian orders are subject to local fees, taxes, duties, and customs. If during checkout duties and taxes are requested, the shipping service to that country is Delivery Duties Paid, meaning all import and customs duties and taxes are required to be prepaid at the time of checkout, and the recipient will not receive an additional bill.

When you place an order with Flare Brew, you authorize our customs broker or our shipping agent to act as your agent with Australia customs, border and revenue bureaus to clear merchandise and process all duties and taxes.

Once payment for goods, shipment, and if any applicable duties and taxes has been made to Flare Brew, the order will be fulfilled from our warehouse, at which time the first scan from a carrier will initiate ownership change of the goods from Flare Brew to you.

 

Billing

We use third-party payment processors, such as Stripe, PayPal, Squarespace, and Shopify (collectively, the “Payment Processor”), to bill you through a payment account linked to your account on the Services (your “Billing Account”) or through the guest checkout feature on the Services for the Paid Services. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. More information is available in our Privacy Policy. We are not responsible for errors by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

 

Payment Method

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account or through the guest checkout feature upon demand.

Auto-Renewals and Recurring Billing for Monthly Flare Brew Plans and Other Subscription Services

Some of the Paid Services, such as the purchase of Flare Brew products, may consist of an initial period for which there is a one-time charge or a Trial Offer (as defined below), followed by recurring periodic charges as agreed to by you when you sign up for such auto-replacing products (“Subscription Services”). The Subscription Services give you the ability to specify how regularly you would like to order any auto-replacing products. Unless you opt out of a Subscription Service, which can be done via the methods described below, the Subscription Services that you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term you originally selected, at the then-current non-promotional rate. More information on Subscription Services can be found at our Help / FAQ page. By choosing a Subscription Service, you acknowledge that such Subscription Service has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to the effective date of cancellation of such Subscription Service. All recurring payments relating to Subscription Services are fully earned upon payment.

To change or cancel your Subscription Services at any time, go to your account or email us at drink@flarebrew.com. If you terminate a Subscription Service, your subscription will not be renewed after your then-current subscription term expires.

WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION, OR TO CHANGE YOUR PAYMENT METHOD OR SUBSCRIPTION SERVICES, GO TO YOUR ACCOUNT, OR CONTACT US AT hello@flarebrew.com.