Terms of Service

1. Acceptance of Terms

Welcome to Velvet Shelf, a cocktail recipe application and AI mixologist service operated by Legendary Success LLC, DBA Velvet Shelf ("Velvet Shelf," "we," "us," or "our").

These Terms of Service ("Terms") govern your access to and use of the Velvet Shelf website, mobile application, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.

If you do not agree to these Terms, you must not access or use the Service.

2. Age Requirements & Content Access

2.1 Account Creation Requirements

To create an account and access personalized features of Velvet Shelf, you must:

• Be of legal drinking age in your jurisdiction
• Provide accurate age verification during registration
• Agree to these Terms and our Privacy Policy

By creating an account, you represent and warrant that you meet these age requirements. We reserve the right to request proof of age at any time and may suspend or terminate accounts that fail to provide adequate verification.

2.2 Public Content Access

Publicly available content, including cocktail recipes and blog posts, may be viewed by users of any age. However:

• Parental supervision is strongly encouraged for minors
• We do not knowingly collect personal information from children under 13
• Creating an account requires age verification (legal drinking age)

2.3 International Users

If you access the Service from outside the United States, you are responsible for compliance with local laws regarding alcohol-related content, age restrictions, and online services.

3. Account Registration & Security

3.1 Account Creation

To use certain features of the Service, you must create an account by providing:

• Valid email address
• Password meeting our security requirements
• Age verification confirmation
• Any additional information we reasonably request

3.2 Account Accuracy

You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities under your account

3.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your password
• All activities that occur under your account
• Notifying us immediately at support@usevelvetshelf.com of any security breach

We are not liable for any loss or damage arising from unauthorized access to your account due to your failure to maintain account security.

3.4 Account Termination by User

You may delete your account at any time by contacting support@usevelvetshelf.com. Upon termination:

• Your subscription will be canceled (no refunds for unused portions unless otherwise stated)
• Your personal data will be deleted in accordance with our Privacy Policy
• You will lose access to all saved data, favorites, and custom cocktails

4. Subscription Plans & Billing

4.1 Subscription Tiers

Velvet Shelf offers multiple subscription plans:

4.2 Billing & Payment

By subscribing to a paid plan, you agree to:

• Provide current, complete, and accurate payment information
• Pay all charges at the prices in effect when incurred
• Authorize automatic recurring billing on your chosen payment method
• Be responsible for all applicable taxes

Payment Processing: All payments are processed securely through Stripe, our third-party payment processor. We do not store complete credit card information on our servers.

4.3 Subscription Renewal & Cancellation

Automatic Renewal:

• Subscriptions automatically renew at the end of each billing period
• You will be charged the then-current subscription rate
• You will receive notice of any price changes at least 30 days in advance

Cancellation:

• You may cancel your subscription at any time through your account settings or Stripe Customer Portal
• Cancellation takes effect at the end of the current billing period
• No refunds for unused portions of subscription periods (except as required by law)
• Canceled accounts retain access until the end of the paid period

4.4 Free Trial Periods

We may offer free trial periods for new subscribers. By starting a free trial:

• You authorize us to charge your payment method when the trial ends
• You may cancel before the trial ends to avoid charges
• We reserve the right to modify or discontinue trials at any time
• Limit one trial per user

4.5 Refunds & Chargebacks

Subscription Refunds:

Refund requests for subscriptions are evaluated on a case-by-case basis and may be granted at our sole discretion. Eligibility depends on:

Time Since Purchase:

• Weekly Pass: Within 24 hours of purchase
• Monthly Premium: Within 7 days of purchase
• Annual Premium: Within 30 days of purchase

Account Usage:

Refunds are generally not granted if a significant portion of subscription benefits have been consumed. For example, a Monthly Premium subscriber who has used most of their 50 AI credits within the first few days would typically not qualify for a refund.

Credit Pack Purchases:

All credit pack purchases are final and non-refundable. Credits purchased through credit packs do not expire and remain available in your account.

Refund Request Process:

To request a refund, contact support@usevelvetshelf.com within the applicable time window with:

• Transaction details (date, amount, subscription type)
• Reason for refund request
• Any supporting documentation

We will review and respond within 14 business days. Approved refunds will result in immediate termination of premium benefits.

4.6 Price Changes

We reserve the right to change subscription pricing at any time. Price changes:

• Apply to renewals after the notice period (minimum 30 days)
• Do not affect current billing periods
• Will be communicated via email and/or notice on the Service

If you do not agree to price changes, you may cancel your subscription before the changes take effect.

5. Fair Use Policy

5.1 Purpose

This Fair Use Policy applies to all subscription plans labeled as "Unlimited" (Weekly Pass and Annual Premium). The policy is designed to ensure fair and reasonable use of the Service while protecting against:

• Automated bot activity
• System abuse or exploitation
• Accidental runaway processes
• Excessive usage that degrades Service quality for other users

5.2 Definition of Fair Use

"Fair use" means use of the Service consistent with normal, individual human consumption for personal, non-commercial purposes. While we provide "unlimited" credits for certain plans, this is subject to reasonable use limitations.

Acceptable Use Examples:

• Regular daily interactions with the AI mixologist
• Exploring cocktail recipes and recommendations
• Building and managing your personal bar inventory
• Saving and organizing favorite recipes

Unacceptable Use Examples:

• Automated scripts or bots that make rapid, high-volume API requests
• Systematic downloading or scraping of content
• Sharing account access with multiple users
• Using the Service for commercial purposes without authorization
• Intentionally circumventing rate limits or usage restrictions

5.3 Usage Thresholds

While "unlimited" plans have no hard credit limits, the following serve as guidelines:

Monitoring Thresholds:

• 100+ AI requests per day may trigger automated review
• Sustained patterns of unusual activity will be investigated
• Burst activity (e.g., 50 requests in 5 minutes) may be temporarily throttled

These thresholds are subject to change based on system capacity and typical usage patterns.

5.4 Enforcement Rights

We reserve the right, at our sole discretion and without prior notice, to:

• Temporarily throttle or rate-limit your usage
• Temporarily suspend your account for investigation
• Terminate your account and subscription for violations
• Refuse future service to violators

Actions We May Take:

• Warning: Email notification of concerning usage patterns
• Throttling: Temporary reduction in request speed or daily limits
• Suspension: Temporary account access restriction (typically 24-48 hours)
• Termination: Permanent account closure with no refund

5.5 Investigation Process

If we detect unusual usage patterns:

1. Automated systems may temporarily throttle requests
2. Our team will review activity logs
3. We may contact you for clarification
4. We will make a determination on appropriate action

You may appeal enforcement actions by contacting support@usevelvetshelf.com with a detailed explanation.

5.6 No Liability for Enforcement

We are not liable for any damages, losses, or consequences resulting from enforcement of this Fair Use Policy, including:

• Temporary or permanent service interruption
• Loss of access to saved data or custom recipes
• Business interruption (if using Service for commercial purposes against these Terms)

5.7 Good Faith Exception

We recognize that legitimate edge cases may exist (e.g., special events, educational use). If you anticipate usage that may exceed normal thresholds, contact us in advance at support@usevelvetshelf.com to discuss accommodation.

6. AI-Generated Content Disclaimer

6.1 Nature of AI Content

Velvet Shelf uses artificial intelligence (including Claude by Anthropic and OpenAI's GPT models) to generate cocktail recipes, ingredient recommendations, and mixing advice ("AI Content"). You acknowledge and agree that:

AI Content Characteristics:

• AI Content is generated by machine learning models, not human bartenders or mixologists
• Recipes are created algorithmically based on training data and user inputs
• AI systems may produce unexpected, incorrect, or nonsensical outputs
• AI Content should be considered suggestions, not professional advice

6.2 No Warranties on AI Content

We make no representations or warranties regarding:

• Accuracy, completeness, or reliability of AI-generated recipes
• Safety, taste, or quality of cocktails created from AI recipes
• Suitability of recommendations for your specific needs or preferences
• Absence of errors, omissions, or potentially harmful suggestions

6.3 User Responsibility

You are solely responsible for:

• Evaluating AI-generated recipes before use
• Verifying ingredient safety, proportions, and compatibility
• Following safe bartending and consumption practices
• Consulting professional resources for complex techniques
• Complying with local alcohol laws and regulations
• Making informed decisions about alcohol consumption

6.4 No Professional Advice

AI Content does not constitute:

• Professional bartending instruction
• Medical, health, or safety advice
• Recommendations for individuals with health conditions
• Endorsement of specific products or brands (except where explicitly disclosed as affiliate links)

6.5 Recipe Attribution

Some AI-generated recipes may resemble existing, copyrighted cocktail recipes. We do not claim ownership of traditional cocktail recipes or techniques. Users should:

• Research recipes independently if concerned about originality
• Give credit to original creators when sharing recipes
• Not present AI-generated recipes as their own professional creations

6.6 Limitation of Liability

To the maximum extent permitted by law, Velvet Shelf is not liable for any damages, injuries, illnesses, or adverse consequences resulting from:

• Use of AI-generated recipes
• Reliance on AI recommendations
• Misinterpretation or misapplication of AI Content
• Consumption of cocktails created using AI recipes

6.7 Service-Generated Images

Image Generation Feature:

• Paid subscribers receive automatically generated cocktail images for favorited recipes
• Images are created by our AI service providers based on recipe details
• You do not provide input or prompts for image generation
• Images are a service feature, not user-generated content

Use of Images:

• Generated images may be displayed publicly on the Service
• We may use images in marketing, social media, and promotional materials
• Images are associated with your account but are not owned by you
• We retain all rights to use, modify, distribute, and display generated images

Your Rights:

• View and download images for personal, non-commercial use
• Delete images from your favorites (removes association with your account)
• Request removal of your association with specific images

No Ownership Claims:

• You do not acquire ownership, copyright, or exclusive rights to generated images
• Images may be used by Velvet Shelf for any purpose
• Other users may receive similar or identical images for similar recipes

7. Affiliate Marketing & Disclosure

7.1 Affiliate Relationships

Velvet Shelf participates in affiliate marketing programs and may earn commissions from qualifying purchases made through links on our Service.

Current Affiliate Programs:

• Amazon Associates: We earn from qualifying purchases made through Amazon links
• Additional Programs: We may participate in other affiliate programs with brands, retailers, and platforms

7.2 Material Connection Disclosure

In compliance with Federal Trade Commission (FTC) guidelines and applicable consumer protection laws:

• We maintain financial relationships with certain merchants and brands
• We may receive commissions when you purchase products through our affiliate links
• These commissions come at no additional cost to you
• Our recommendations may be influenced by potential commissions, but we strive for honest evaluations

7.3 Brand Partnerships

We may enter into direct partnerships with alcohol brands, bar equipment manufacturers, and related companies, including:

• Sponsored content or features
• Affiliate commission arrangements
• Product placement in recommendations
• Paid promotional agreements

When brand partnerships exist, we will disclose the relationship clearly.

7.4 Product Recommendations

Our product recommendations and affiliate links may be influenced by:

• Commission rates and affiliate program terms
• Brand partnership agreements
• Product availability and shipping options
• User experience and product quality (to the extent we can evaluate)

You Are Not Required to Purchase:

• Affiliate links are provided for convenience
• You are free to search for products independently
• Recommendations are suggestions, not requirements

7.5 Price & Availability

Please note:

• Prices shown through affiliate links may not reflect current market prices
• Product availability may vary by location and retailer
• We are not responsible for third-party pricing, inventory, or fulfillment
• Commission does not affect the price you pay

7.6 No Warranty on Affiliate Products

We do not warrant or guarantee:

• Quality, safety, or performance of products purchased through affiliate links
• Availability or continued stocking of products
• Merchant customer service or return policies
• Shipping times or costs

All product purchases are subject to the terms and conditions of the respective merchant.

8. Intellectual Property Rights

8.1 Velvet Shelf Proprietary Rights

The Service and its original content, features, and functionality are owned by Legendary Success LLC and are protected by:

• United States and international copyright laws
• Trademark laws
• Trade secret laws
• Other intellectual property rights

Our Protected Materials Include:

• Website and application design, layout, and user interface
• Velvet Shelf name, logo, and branding
• Original cocktail recipes created by our team (not AI-generated)
• Custom graphics, illustrations, and visual assets
• Software code, databases, and algorithms
• Marketing materials and content

8.2 Limited License to Use Service

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Service for personal, non-commercial purposes
• View and save cocktail recipes for personal use
• Print recipes for personal use only

You May Not:

• Copy, modify, distribute, or create derivative works from our content
• Use our content for commercial purposes without written permission
• Reverse engineer, decompile, or disassemble any part of the Service
• Remove copyright or proprietary notices from materials
• Frame or mirror any part of the Service without authorization
• Use automated tools to access or scrape content (except search engine bots with our permission)

8.3 Third-Party Content

The Service may include content from third parties, including:

• TheCocktailDB API cocktail recipes and data
• Ingredient information from external databases
• User-generated content (subject to Section 9)
• Recipes and content imported by users from third-party websites via the Chrome Extension (subject to the original site's terms and copyright)

Third-party content is the property of its respective owners and is used with permission or under applicable licenses.

8.4 Trademark Usage

"Velvet Shelf" and associated logos are trademarks of Legendary Success LLC. You may not use our trademarks without prior written consent, except:

• Descriptive references to the Service (e.g., "I found this recipe on Velvet Shelf")
• Nominative fair use as permitted by law

8.5 Copyright Infringement Claims (DMCA)

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA).

To Report Copyright Infringement:

If you believe content on the Service infringes your copyright, send a notice to support@usevelvetshelf.com with:

• Your contact information
• Description of the copyrighted work
• Location of the infringing material on our Service
• Statement of good faith belief that use is unauthorized
• Statement that information in the notice is accurate
• Your physical or electronic signature

Counter-Notification: If your content was removed due to a DMCA notice and you believe it was removed in error, you may file a counter-notification.

8.6 Repeat Infringers

We will terminate accounts of users who are repeat copyright infringers in appropriate circumstances.

9. User-Generated Content

9.1 Types of User Content

Users may create and submit content through the Service, including:

• Custom cocktail recipes created with AI assistance
• Bar inventory lists
• Favorites and collections
• Chat conversations with the AI mixologist
• Feedback, comments, and support inquiries
• Recipes imported from third-party websites using the Velvet Shelf Chrome Extension

9.2 License Grant from Users

By submitting User Content to the Service, you grant Velvet Shelf a:

• Worldwide, non-exclusive, royalty-free, transferable license
• To use, reproduce, modify, adapt, publish, and display your User Content
• For purposes of operating, promoting, and improving the Service
• Including creating aggregate or anonymized data for analytics

This License Includes:

• Internal analytics and product development
• Marketing materials showcasing Service features (with anonymization)
• Training data for AI models (with anonymization)
• Sharing with service providers necessary for Service operation

This License Does Not Include:

• Selling your personal recipes to third parties as a commercial product
• Publicly attributing content to you without consent
• Using identifiable User Content for advertising without permission

9.3 User Content Representations

By submitting User Content, you represent and warrant that:

• You own or have rights to submit the content
• The content does not infringe third-party intellectual property rights
• The content complies with these Terms and applicable laws
• The content is not defamatory, obscene, or otherwise unlawful
• For content imported from third-party sites, you are responsible for ensuring your use complies with that site's terms of service
• For imported third-party content, any license granted to Velvet Shelf is limited to the rights you lawfully hold and only to the extent necessary to provide the Service

9.4 Content Monitoring & Removal

We reserve the right, but have no obligation, to:

• Monitor User Content for violations of these Terms
• Remove or disable access to content that violates these Terms
• Remove content that we find objectionable in our sole discretion
• Preserve content for legal or safety reasons

We do not pre-screen User Content and are not responsible for content submitted by users.

9.5 Feedback & Suggestions

If you provide feedback, suggestions, or ideas about the Service:

• We may use this feedback without any obligation to you
• No compensation will be owed for feedback
• You waive any claims to intellectual property rights in your feedback
• Feedback is considered non-confidential

10. Prohibited Uses & Conduct

10.1 General Prohibitions

You agree not to use the Service for any unlawful purpose or in violation of these Terms. Specifically, you agree NOT to:

Account Integrity:

• Create multiple accounts to circumvent usage limits
• Share your account credentials with others
• Impersonate another person or entity
• Provide false age or identity information

System Integrity:

• Use automated systems (bots, scripts, crawlers) without authorization
• Attempt to gain unauthorized access to systems or accounts
• Introduce viruses, malware, or other harmful code
• Interfere with or disrupt the Service or servers
• Circumvent security features or authentication measures

Content Misuse:

• Scrape, harvest, or systematically download content
• Reproduce large amounts of content in violation of copyright
• Use content for training competing AI models
• Republish our content on other platforms without permission

Commercial Misuse:

• Use the Service for unauthorized commercial purposes
• Resell access to the Service
• Use the Service to compete with Velvet Shelf
• Collect user information for marketing purposes

Harmful Conduct:

• Promote illegal activities, including underage drinking
• Post hateful, harassing, or discriminatory content
• Share content that incites violence or harm
• Violate any applicable laws or regulations

10.2 Alcohol-Related Prohibitions

Given the nature of our Service, you specifically agree NOT to:

• Promote excessive or irresponsible alcohol consumption
• Target content toward minors
• Provide alcohol to minors
• Encourage drinking and driving
• Share recipes intended to cause harm or intoxication-related dangers

10.3 Enforcement of Prohibitions

Violation of these prohibitions may result in:

• Warning notices
• Temporary suspension of access
• Permanent account termination
• Legal action if applicable
• Reporting to law enforcement if necessary

11. Disclaimers & Limitation of Liability

11.1 "AS IS" and "AS AVAILABLE" Disclaimer

11.2 Third-Party Services & Content

We are not responsible for:

• Third-party websites, products, or services (including affiliate partners)
• Actions of third-party service providers (Stripe, Clerk, Supabase, etc.)
• Accuracy of third-party data (TheCocktailDB, ingredient databases)
• Third-party terms, privacy policies, or practices

11.3 No Liability for AI Content

As stated in Section 6, we specifically disclaim liability for:

• Accuracy or safety of AI-generated recipes
• Outcomes from following AI recommendations
• Injuries or damages resulting from cocktail preparation or consumption

11.4 Limitation of Liability

11.5 Exceptions

Some jurisdictions do not allow exclusion of certain warranties or limitation of liability for consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

11.6 Indemnification

You agree to indemnify, defend, and hold harmless Velvet Shelf and its affiliates from any claims, losses, damages, liabilities, and expenses (including attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Content
• Your negligence or willful misconduct

12. Dispute Resolution & Arbitration

12.1 Governing Law

These Terms are governed by the laws of the State of Michigan, United States, without regard to conflict of law principles.

12.2 Informal Dispute Resolution

Before filing a claim, you agree to contact us at support@usevelvetshelf.com to attempt to resolve the dispute informally. We will attempt to resolve disputes within 60 days of receiving notice.

12.3 Binding Arbitration Agreement

If informal resolution fails, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration, rather than in court, except:

• Small claims court actions (if eligible)
• Injunctive or equitable relief to protect intellectual property rights

Arbitration Terms:

• Administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules
• One arbitrator selected in accordance with AAA rules
• Arbitration conducted in Grand Rapids, Michigan, or another mutually agreed location
• Michigan law applies
• Each party bears their own costs unless applicable law requires otherwise
• Arbitration award is final and binding

12.4 Class Action Waiver

12.5 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to support@usevelvetshelf.com within 30 days of first accepting these Terms. Your notice must include:

• Your name and email address
• Statement that you wish to opt out of arbitration
• Your signature (electronic signature acceptable)

If you opt out, the arbitration provisions do not apply, but all other Terms remain in effect.

12.6 Severability

If any provision of this arbitration agreement is found invalid, that provision will be severed, and the remainder of the arbitration agreement will remain in effect.

13. Termination

13.1 Termination by You

You may terminate your account at any time by:

• Contacting support@usevelvetshelf.com
• Deleting your account through account settings (if available)

Upon termination:

• Your subscription will be canceled (no refunds unless required by law)
• You will lose access to all features requiring authentication
• Your data will be handled per our Privacy Policy

13.2 Termination by Velvet Shelf

We may suspend or terminate your account immediately, without notice, for:

• Violation of these Terms
• Violation of the Fair Use Policy
• Fraudulent, abusive, or illegal activity
• Chargebacks or payment disputes
• Prolonged inactivity (at our discretion)
• Any reason, at our sole discretion

13.3 Effect of Termination

Upon termination by either party:

• Your right to use the Service immediately ceases
• All licenses granted to you terminate
• You remain liable for all amounts owed prior to termination
• Provisions that should survive termination remain in effect (including Sections 8, 11, 12, and 14)

13.4 Data Retention After Termination

After account termination, we may:

• Retain your data for a period as described in our Privacy Policy
• Retain data required for legal or business purposes
• Delete your data per your request and our Privacy Policy

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Velvet Shelf regarding the Service and supersede all prior agreements and understandings.

14.2 Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective:

• Immediately upon posting for non-material changes
• 30 days after notice for material changes

Notice of Changes:

• Posted on the Service with updated "Last Updated" date
• Sent via email to registered users (for material changes)

Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

14.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. No waiver will be effective unless in writing and signed by authorized representatives.

14.4 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.

14.5 Assignment

You may not assign or transfer these Terms or your rights under them without our written consent. We may assign these Terms without restriction, including to affiliates or in connection with a merger, acquisition, or sale of assets.

14.6 Force Majeure

We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including:

• Acts of God, natural disasters
• War, terrorism, civil unrest
• Government actions or restrictions
• Internet or telecommunications failures
• Strikes or labor disputes
• Pandemics or public health emergencies

14.7 Relationship of Parties

These Terms do not create any agency, partnership, joint venture, employment, or franchise relationship between you and Velvet Shelf.

14.8 No Third-Party Beneficiaries

These Terms do not confer any rights or remedies upon any person other than you and Velvet Shelf (and our respective successors and assigns).

14.9 Notices

We may provide notices to you via:

• Email to the address associated with your account
• Posting on the Service
• In-app notifications

Notices to us should be sent to: support@usevelvetshelf.com or Legendary Success LLC, 5110 28th Street, Grand Rapids, MI 49512, United States.

14.10 Survival

The following provisions survive termination of these Terms: Sections 8 (Intellectual Property), 9.2 (License Grant), 11 (Disclaimers & Limitation of Liability), 12 (Dispute Resolution), and 14 (General Provisions).

14.11 Language

These Terms are drafted in English. Any translations are provided for convenience only. In case of conflict, the English version prevails.

15. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please contact:

16. Acknowledgment

By using the Service, you acknowledge that:

• You have read and understood these Terms of Service
• You have read and understood our Privacy Policy
• You agree to be bound by these Terms and the Privacy Policy
• You meet the age requirements (legal drinking age for account creation)
• You will use the Service responsibly and in compliance with all applicable laws

Thank you for using Velvet Shelf. Cheers!