BARLYTICS TERMS OF SERVICE

Effective Date: April 21, 2026

These Terms of Service (the "Terms") govern access to and use of the Barlytics platform, including our iOS app, Android app, web app, integrations, features, content, analytics, AI-assisted features, and related services (collectively, the "Service").

These Terms form a binding agreement between Barlytics Inc., a Delaware corporation ("Barlytics," "we," "our," or "us"), and the business entity that registers for, accesses, or uses the Service, together with its authorized users ("Customer," "you," or "your").

By creating an account, clicking to accept, checking a box or toggle indicating acceptance, signing an order form that references these Terms, or accessing or using the Service where acceptance is clearly presented, you agree to these Terms. If you are accepting these Terms on behalf of an organization, you represent that you have authority to bind that organization.

1. Eligibility and Business Use

The Service is intended only for business use by bars, restaurants, hospitality groups, and similar commercial users. The Service is not for personal, family, household, or consumer use. You and all Authorized Users must be at least 18 years old.

2. The Service

Barlytics provides inventory and operations software for hospitality businesses, including tools relating to beverage inventory, purchasing, invoice processing, sales data analysis, reporting, forecasting, integrations, and operational recommendations.

We may modify, improve, suspend, or discontinue all or any part of the Service from time to time.

3. Definitions

"Authorized Users" means your employees, managers, owners, contractors, and agents that you authorize to access or use the Service on your behalf.

"Customer Data" means data, content, records, files, invoices, images, transaction data, operational data, and other information submitted to, uploaded to, transmitted through, or made available through the Service by or on behalf of Customer or its Authorized Users.

"Order Form" means any written or electronic ordering document, subscription page, invoice, checkout flow, or other commercial document that identifies purchased services, locations, pricing, term, or related commercial terms.

"Pilot" means a free or discounted trial, beta, or pilot access period.

4. Accounts, In-App Acceptance, and Authorized Users

To create an account or continue into the Service, Barlytics may require you to review these Terms and affirmatively indicate acceptance, including by checking a box, tapping an "I agree" button, or using a similar click-to-accept flow. You agree that this electronic acceptance is intended to be legally binding and has the same force and effect as a handwritten signature.

Barlytics may maintain records of acceptance, including the version of the Terms presented, the date and time of acceptance, and the account or device associated with acceptance.

If you do not agree to these Terms, you may not create an account or use the Service.

5. Account Responsibilities

You are responsible for:

  • maintaining the confidentiality of account credentials;
  • all activity occurring under your account;
  • ensuring that Authorized Users comply with these Terms; and
  • promptly notifying Barlytics of any suspected unauthorized access, misuse, or security incident involving your account.

You must provide accurate account information and keep it reasonably up to date.

6. Rights to Use the Service

Subject to these Terms and timely payment of applicable fees, Barlytics grants you a limited, non-exclusive, non-transferable, non-sublicensable right during the applicable subscription term to access and use the Service solely for your internal business operations.

7. Acceptable Use Restrictions

You will not, and will not permit any third party to:

  • use the Service for unlawful, fraudulent, deceptive, or harmful purposes;
  • use the Service for personal or consumer purposes;
  • resell, sublicense, lease, timeshare, white-label, or otherwise commercially exploit the Service except as expressly authorized in writing;
  • scrape, crawl, or systematically extract data or outputs from the Service except through features we expressly provide;
  • reverse engineer, decompile, disassemble, or attempt to derive source code from the Service, except to the limited extent prohibited by law;
  • use the Service to build or benchmark a competing product or service;
  • upload or transmit malicious code, infringing content, or content you do not have rights to provide; or
  • interfere with the integrity, security, or performance of the Service.

8. Customer Data

As between you and Barlytics, you retain ownership of Customer Data.

You grant Barlytics a non-exclusive, worldwide, royalty-free license to host, store, process, transmit, reproduce, analyze, display, and otherwise use Customer Data as reasonably necessary to:

  1. provide, operate, maintain, support, secure, and improve the Service;
  2. operate requested integrations and features;
  3. generate reports, analytics, forecasts, recommendations, and operational insights for you;
  4. train, refine, and improve Barlytics' AI models, algorithms, and machine-learning systems;
  5. create and use aggregated and de-identified information that does not reasonably identify you, your business, or any individual; and
  6. create, package, license, distribute, and commercialize data products, benchmarking reports, analytics, and industry insights derived from aggregated and de-identified information.

Aggregated and De-Identified Data

Barlytics may use aggregated and de-identified information derived from Customer Data for any lawful business purpose, including benchmarking, analytics, product improvement, industry insights, and the creation of commercial data products for third parties, including distributors, brands, suppliers, and industry participants. Such information will not reasonably identify you, your business, or any individual.

Data Monetization and Opt-Out

By default, Customer Data may be included in aggregated and de-identified datasets used for the purposes described above, including commercial data products. You may opt out of having your data included in commercial data products sold or licensed to third parties by contacting us at privacy@barlytics.ai. Opting out will not affect your access to or use of the Service.

Barlytics may also offer features that allow you to voluntarily share more specific data — including identifiable business-level data — with distributors, brands, suppliers, or other third parties through the platform. Any such sharing will require your separate, affirmative consent at the time it becomes available.

Ownership of Outputs

Barlytics retains all right, title, and interest in and to all reports, insights, analytics, recommendations, benchmarks, models, and other outputs generated by the Service, including outputs generated using Customer Data. You receive a license to use outputs generated for your account solely for your internal business purposes.

9. AI and Automated Features

The Service may include AI-assisted or automated extraction, categorization, forecasting, recommendations, anomaly detection, invoice parsing, or similar outputs.

Barlytics may use Customer Data, including aggregated and de-identified information, to train, refine, evaluate, and improve AI models, algorithms, and machine-learning systems used in or developed for the Service. Where Customer Data is used for model training, Barlytics will use commercially reasonable efforts to de-identify or aggregate such data before incorporating it into training datasets.

These outputs are provided for informational and operational support purposes only. They may be incomplete, inaccurate, or unsuitable for your circumstances. You are responsible for reviewing and verifying outputs before relying on them for purchasing, finance, accounting, operations, staffing, compliance, or other business decisions.

10. Privacy and Data Practices

Our Privacy Policy explains how we collect, use, disclose, and protect information. By using the Service, you acknowledge that Barlytics may process information in accordance with the Privacy Policy.

Barlytics may access Customer Data as reasonably necessary for support, troubleshooting, security, fraud prevention, and service improvement purposes. Barlytics will use reasonable safeguards to limit internal access to Customer Data to personnel with a legitimate need.

11. Confidentiality

Each party may receive non-public information from the other that is designated as confidential or that reasonably should be understood to be confidential ("Confidential Information").

The receiving party will use the other party's Confidential Information only as needed to perform under these Terms and will protect it using reasonable care. Confidential Information does not include information that:

  • becomes public through no fault of the receiving party;
  • was lawfully known before disclosure;
  • is lawfully received from a third party without restriction; or
  • is independently developed without use of the disclosing party's Confidential Information.

12. Fees and Payment

Fees, billing intervals, subscription term, number of locations, and related commercial terms will be stated in the applicable Order Form or subscription flow.

Unless otherwise stated, invoices are due within 30 days after invoice date. Overdue amounts may accrue interest at 1.5% per month or the maximum rate allowed by law, whichever is less.

If you pay by card, you authorize Barlytics or its payment processor to charge your payment method for applicable fees at the selected billing interval.

We may change pricing for future billing periods by providing at least 30 days' prior notice.

13. Intellectual Property

Barlytics and its licensors retain all right, title, and interest in and to the Service, including all software, interfaces, workflows, models, documentation, templates, designs, report formats, and related intellectual property rights.

Except for the limited rights expressly granted in these Terms, no rights are granted to you.

If you provide suggestions, ideas, feedback, or recommendations, you grant Barlytics a worldwide, perpetual, irrevocable, royalty-free license to use them without restriction or compensation.

14. Third-Party Services and Integrations

The Service may interoperate with third-party services, including point-of-sale systems, hosting providers, cloud infrastructure, communications providers, document processing providers, AI providers, and payment processors.

Your use of third-party services may be subject to those providers' own terms and privacy policies. Barlytics is not responsible for third-party services or their availability, performance, or security.

15. Warranties and Disclaimers

Each party represents that it has authority to enter into these Terms.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, BARLYTICS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

BARLYTICS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DATA, REPORT, FORECAST, OR AI-ASSISTED OUTPUT WILL BE ACCURATE, COMPLETE, OR RELIABLE.

Barlytics does not provide any service level agreement or uptime commitment unless expressly stated in a separate written agreement.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

  1. the amounts paid by Customer to Barlytics for the Service during the 12 months before the event giving rise to the claim; or
  2. $1,000.

The foregoing limitations do not apply to:

  • a party's fraud, willful misconduct, or gross negligence;
  • a party's breach of confidentiality obligations; or
  • your payment obligations.

17. Indemnification

You will defend, indemnify, and hold harmless Barlytics and its affiliates, officers, directors, employees, and agents from and against third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

  • Customer Data;
  • your use of the Service in violation of these Terms or applicable law; or
  • your violation of any third-party rights.

Barlytics will defend and indemnify you against third-party claims alleging that your authorized paid use of the Service, as provided by Barlytics and used in accordance with these Terms, directly infringes a U.S. patent, copyright, trademark, or trade secret, except to the extent the claim arises from Customer Data, third-party services, modifications not made by Barlytics, or use of the Service in violation of these Terms.

The indemnified party must promptly notify the indemnifying party, reasonably cooperate in the defense, and allow the indemnifying party to control the defense and settlement, except that no settlement may require the indemnified party to admit liability or take ongoing affirmative obligations without its consent.

18. Term and Termination

These Terms begin when you first accept them or use the Service and continue until terminated.

Either party may terminate for convenience on 30 days' written notice unless an Order Form states otherwise.

Barlytics may suspend or terminate immediately if:

  • you engage in fraud, illegal activity, abuse, or conduct that threatens the Service or others;
  • you materially breach these Terms and, where the breach is reasonably curable, fail to cure within 10 days after notice; or
  • we are required to do so by law.

Upon termination:

  • your right to use the Service ends;
  • where functionality is available, you may export certain Customer Data for a limited period;
  • Barlytics may retain Customer Data for a limited period as reasonably necessary for backups, security, fraud prevention, legal compliance, dispute resolution, and enforcement; and
  • Barlytics may retain aggregated or de-identified information that does not reasonably identify you or any individual.

19. Pilots and Beta Access

If Barlytics offers you Pilot or beta access, that access may be free, discounted, limited, experimental, incomplete, or subject to change.

Pilot or beta access may be suspended or terminated by Barlytics at any time on reasonable notice.

Unless expressly stated otherwise in writing, Pilot access does not create exclusivity, non-compete obligations, or any obligation to enter into a paid subscription.

If a Pilot converts into a paid subscription, the applicable Order Form, checkout flow, or other commercial agreement will govern pricing and billing.

20. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, excluding its conflict of law rules.

Before starting formal proceedings, the parties will try in good faith to resolve any dispute informally. Either party may send written notice describing the dispute. If the dispute is not resolved within 45 days after notice, either party may pursue binding arbitration.

Any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by JAMS under its applicable commercial arbitration rules. The arbitration will be conducted in English, and the seat of arbitration will be in the Washington, D.C. metropolitan area, unless the parties agree otherwise.

EACH PARTY WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction for misuse of intellectual property, breach of confidentiality, or other claims requiring urgent equitable relief.

21. Changes to the Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice, such as by email, in-product notice, or other reasonable means. Your continued use of the Service after the updated Terms become effective constitutes acceptance of the updated Terms.

22. General

These Terms, together with any applicable Order Form and the Privacy Policy, constitute the entire agreement between you and Barlytics regarding the Service, and supersede prior or contemporaneous agreements on that subject.

If any provision is held unenforceable, the remaining provisions will remain in effect.

You may not assign these Terms without our prior written consent, except in connection with a permitted change of control or sale of substantially all relevant business assets. Barlytics may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.

The parties are independent contractors, and these Terms do not create a partnership, joint venture, agency, franchise, fiduciary, or employment relationship.

23. Contact

Barlytics Inc.

Privacy inquiries: privacy@barlytics.ai

Legal inquiries: legal@barlytics.ai

Terms of Service | Barlytics