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Terms of Service

All the terms that you agree to when you sign up for a MugClub.beer account.

Last updated: November 25th, 2024

Thank you for choosing (or considering) MugClub.beer! Our team builds the product to help make managing mug clubs easy for breweries and taprooms of all sizes. Below you will find the terms that you agree to when you signup for MugClub.beer.

Overview

When we say “Company”, “we”, “our”, or “us” in this document, we are referring to MugClub.beer, a product conceived, developed, maintained, and owned by Foundation Digital, LLC.

When we say “Services”, we mean our websites, including mugclub.beer, app.mugclub.beer, and patron.mugclub.beer, and any product created and maintained by MugClub.beer, a property of Foundation Digital, LLC whether delivered within a web browser, desktop application, mobile application, or another format.

We may update these Terms of Service ("Terms") in the future. Whenever we make a significant change to our policies, we will refresh the date at the top of this page and take any other appropriate steps to notify account holders.

When you use our Services, now or in the future, you are agreeing to the latest Terms. There may be times where we do not exercise or enforce a right or provision of the Terms; however, that does not mean we are waiving that right or provision. These Terms do contain a limitation of our liability.

If you violate any of the Terms, we may terminate your account.

Account Terms

  1. You are responsible for maintaining the security of your account and password and for ensuring that any of your users do the same. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  2. You are responsible for all content posted to and activity that occurs under your account, including content posted by and activity of any users in your account.
  3. You must be a human.Accounts registered by “bots” or other automated methods are not permitted.

Opting In to Receive SMS Messages

By opting in to receive SMS messages from MugClub.beer, you agree to the following terms:

Consent to Receive Messages

  • By providing your mobile number and explicitly opting in, you consent to receive SMS messages from MugClub.beer. These may include:
  • Account notifications
  • Updates related to your membership
  • Marketing-related messages, such as promotions, events, and exclusive offers

Age Verification

  • You confirm that you meet the minimum legal age requirement (e.g., 21+ for alcohol in the United States) at the time of opt-in.

Message and Data Rates

  • Standard message and data rates may apply based on your carrier’s plan. You are responsible for any charges incurred while receiving messages.

Message Frequency

  • Message frequency varies and may include periodic updates, reminders, and promotions.

Opt-Out Option

  • You may opt out of receiving SMS messages at any time by replying “STOP” to any message you receive.
  • Once you opt out, you will no longer receive SMS communications from MugClub.beer. To re-subscribe, you must explicitly opt in again.

Support

  • If you need assistance with SMS messages, please email us at help@mugclub.beer.

Privacy

  • Your mobile number and personal information will be handled in accordance with our Privacy Policy. We do not share or sell your phone number to third parties for marketing purposes.

Payment, Refunds, and Plan Changes

  1. If you are using a free version of one of our Services, it is really free: we do not ask you for your credit card and — just like for customers who pay for our Services — we do not sell your data.
  2. For paid Services that offer a free trial, we explain the length of trial when you sign up. After the trial period, you need to pay in advance to keep using the Service. If you do not pay, we will freeze your account and it will be inaccessible until you make payment. If your account has been frozen for a while, we will queue it up for auto-cancellation.
  3. If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle.
  4. We process refunds according to our Refund policy.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. Within each of our Services, we provide a simple no-questions-asked cancellation link. An email or phone request to cancel your account is automatically considered cancellation.
  2. All of your content will be inaccessible from the Services immediately upon account cancellation. Within 30 days, all content will be permanently deleted from our systems. We cannot recover this information once it has been permanently deleted.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect at the end of the current billing cycle, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle. See our Refund policy for more details.
  4. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause to protect ourselves and others against the unlikely event that nefarious activity occurs. There are some things we staunchly stand against and this clause is how we exercise that stance.
  5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.

Modifications to the Service and Prices

  1. While we strive to maintain our features for as long as possible, sometimes it becomes technically or financially impossible to continue a feature. As such, we reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
  2. Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

Uptime, Security, and Privacy

  1. Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for most of our Services, but do take uptime of our applications seriously.
  2. We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet.
  3. We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet.
  4. When you use our Services, you entrust us with your data. We take that trust to heart. You agree that MugClub.beer may process your data as described in our Privacy Policy and for no other purpose. We as humans can access your data for the following reasons:
    1. To verify our features and services are working as intended.
    2. To help you with support requests you make.
    3. On the rare occasions when an error occurs that stops an automated process partway through.
    4. To safeguard MugClub.beer.
  5. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.

Copyright and Content Ownership

  1. All content posted on the Services must comply with U.S. copyright law.
  2. You give us a limited license to use the content posted by you and your users in order to provide the Services to you, but we claim no ownership rights over those materials. All materials you submit to the Services remain yours.
  3. We do not pre-screen content, but we reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
  4. The Company or its licensors own all right, title, and interest in and to the Services, including all intellectual property rights therein, and you obtain no ownership rights in the Services as a result of your use. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company's logos or any Service logos for promotional purposes. Please email us requests to use logos. We reserve the right to rescind any permissions if you violate these Terms.

Features and Bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.

Liability

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to these Terms or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.