CupBearer terms of use
1. About these terms
These terms apply to your use of the CupBearer app (“CupBearer”), provided by TortieByte Studio, Ozan Temiz, Munich, Germany (“we”, “us”). Full contact details are in the Imprint. How we handle personal data is described in the CupBearer privacy policy.
2. Who can use CupBearer
CupBearer is about alcoholic beverages and may only be used by people aged 18 or older, or of legal drinking age in their country if that is higher. You must state your age truthfully.
Please enjoy alcohol responsibly and in moderation, and never drink and drive. CupBearer provides information and recommendations about beverages. It does not encourage excessive drinking.
3. What CupBearer offers
CupBearer helps you discover beverages, scan bottles, shelves, and menus, receive personalized recommendations, and compare offers from online shops. We may change, extend, or remove features over time.
CupBearer does not sell beverages. When you buy through a shop link, your contract is with that shop, under its own terms, prices, delivery conditions, and age checks.
4. Prices, availability, and product information
Product information, prices, shipping costs, and availability come largely from shops and affiliate networks and can change at any time. We cannot guarantee that they are complete, accurate, or current. The price and conditions shown in the shop at checkout apply.
Scan results and recommendations are generated automatically and may be wrong. Check important information, such as ingredients, allergens, and alcohol content, on the product or with the shop.
5. Affiliate links and how offers are ranked
Many shop links in CupBearer are affiliate links. If you buy something through one, the shop may pay us a commission. This does not change the price you pay.
Offers and recommendations are ordered mainly by relevance to your search and taste profile, price, and availability. Commissions do not influence how offers are ranked. CupBearer does not show every shop or every offer on the market.
6. Your account
You can use CupBearer without an account. If you create one, provide accurate information, keep your login details confidential, and tell us if you suspect misuse. You can delete your account at any time in the app or by emailing us. We may suspend or delete accounts that breach these terms, for example if the account holder is under the minimum age.
7. Content you provide
Scans, ratings, taste preferences, and feedback you provide remain yours. You grant us a free, non-exclusive, worldwide right to store, process, adapt, and use them to operate and improve CupBearer, including to keep product and price information current and to train the models behind recognition and recommendations. Where possible, we use this content in de-identified or aggregated form. De-identified scan data that cannot be linked to you may be kept after you delete your account.
Only scan what you are allowed to capture, and do not scan people or other people’s personal information.
8. Acceptable use
When using CupBearer, you must not:
- use it for unlawful purposes or make it available to minors;
- extract data automatically, for example with bots or scrapers, or interfere with the app or its servers;
- reverse engineer the app, except where the law allows it;
- manipulate affiliate links or generate artificial clicks or purchases;
- submit unlawful, offensive, or infringing content.
9. Intellectual property
CupBearer, including its design, software, and content, is protected by copyright and other rights. We grant you a personal, non-transferable right to use the app for private, non-commercial purposes in line with these terms. Product names, brands, logos, and product images belong to their respective owners and are shown to identify products.
10. Changes to these terms
We may update these terms, for example when we change features or when the law changes. We will tell you about significant changes in the app in advance, and ask for your agreement where the law requires it. If you do not agree, you can stop using CupBearer and delete your account.
11. Liability
We are liable without limitation for intent and gross negligence, for injury to life, body, or health, under the German Product Liability Act, and where we have given a guarantee. For slight negligence, we are liable only for breach of an essential contractual obligation, meaning an obligation that makes proper use of CupBearer possible in the first place and on which you may regularly rely. This liability is limited to the foreseeable damage typical for this kind of contract. Otherwise, we are not liable for slight negligence.
We are not responsible for the products, prices, or services of shops, or for contracts you make with them.
12. Ending use
You can stop using CupBearer and delete your account at any time. We may suspend or end your access if you seriously breach these terms, and we may discontinue CupBearer as a whole with reasonable notice.
13. Governing law and disputes
These terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this does not deprive you of the protection of mandatory provisions of the law of the country where you habitually live. We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.