The following Terms and Conditions of the MyBarAssist website and the associated mobile application is available at: www.mybarassist.com/terms
Effective from: 21st of February, 2019
PRESENT DOCUMENT IS A LEGAL AGREEMENT BETWEEN YOU ("USER") AND ROSE SOLUTIONS INC. (State of Formation: TX; File Number: 802711100; Registered Office Street Address: 1817 E OLTORF STREET APT. 2101 AUSTIN, TX 78741; Mailing Address: 1817 E OLTORF ST APT 2101 AUSTIN, TX 787414007; Texas Taxpayer Number: 32063619178) (hereinafter referred to as "Rose Solutions" or "WE") STATING THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE FOLLOWING ROSE SOLUTIONS WEBSITE AND THE ASSOCIATED MOBILE AND DESKTOP APPLICATIONS (hereinafter separately referred to as "Site" or "App"):
Please read the following Terms and Conditions carefully before using our Site or App.
By using our Site and/or App, you expressly understand, acknowledge and agree that you will abide by these Terms and Conditions ("Terms") and any additional terms, policies, or other documents and rules that govern our products and services. Do not use our Site or App if you do not agree with the Terms and Conditions set out in present document.
AGE RESTRICTION: Because of the purpose and nature of our Site and App, as a general rule, our Site and App are not intended to be used by persons under 21 years of age, and you may not use the App if you are under 21. The state laws of certain states of the United States of America allow persons under the age of 21 to work at establishments that may utilize our Site and App. Under the jurisdictions of certain countries, the age limitations to purchase, consume, serve or otherwise possess alcoholic beverages may differ. You hereby expressly declare and warrant that you are at least 21 years of age, or that you otherwise meet the legal requirements of your applicable laws that give you permission to use our Site and/or App.
Any rights not expressly granted herein are reserved by Rose Solutions and/or their respective owners.
Rose Solutions has developed the MyBarAssist website (www.mybarassist.com) ("Site") together with the associated MyBarAssist Mobile Application ("App") as listed above. If you need further information about the Site, the App or services of Rose Solutions, please refer to the website(s) or the App indicated above. The Site and the App may hereinafter be referred to as the "Service."
My Bar Assist helps you in managing and organizing your stock inventory in real-time. The App works in the following way: you scan the barcode placed on the given beverage bottle or select a bottle from the dropdown list.
After that you must take a picture of the bottle and mark the top level of the beverage inside the bottle. Using this information the App calculates the amount of liquid still available inside. You may also add any number of units of beverages to your stocks.
The aim of the Service is to help you calculate your stocks of beverages. The data necessary for using the Service is provided by you in all cases. You shall only have access to data uploaded by you or your affiliated partners.
The agreement presented by these Terms and the Service shall only be available for users with a place of residence/seat in supported countries, listed at registration. Rose Solutions reserves the right to modify the list of supported countries based on the legal environment, the interests of Rose Solutions or any other events that may render the Service impossible. In such cases we shall terminate the valid Service Agreements of the given country or we may propose to relocate the Service to a different place of residence/seat.
Using the Service is subject to previous registration either on the Site or via the App. Registration may be carried out in the following way:
Data necessary to identify the User: name/company name, address, phone number, e-mail address, postal address, name and address of the establishment where the measurement takes place. You must provide a valid and working e-mail address and a unique and secure password in order to complete the registration process.
You hereby expressly agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not under any circumstances impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, (including using another person’s username, name, company name, email address, password or other account information). We are entitled to suspend or terminate your account, making you unable to use our Site or any of its features for failure to comply with present Terms or any of our policies, for infringing the copyright of Rose Solutions or any third parties in relation to the Service, or in any other case we may deem it necessary.
It is at all times your exclusive responsibility to maintain the accuracy and confidentiality of your account data (including the associated e-mail address and password).
You may create multiple accounts for the App. After you created your original account, you may create additional accounts by providing an e-mail address (which functions as the user name) and a password. Certain service packages allow you to add multiple locations for the calculation of stocks, which may be performed by using any of your accounts.
You hereby expressly acknowledge that any content of the Service are properties of their respective owners. In present Terms and Conditions, "Content" shall mean (i) all text, titles, graphics, color-schemes, data files, visual interfaces, patterns, icons, photographs, videos, images, trademarks, patents, logos, artworks, sounds, effects, music, computer code (including the source code and object code) and all other intellectual property rights and all materials, including but not limited to the design, coordination, positioning and arrangement of such Content, contained on the Site and the App; and (ii) all derivative and other works created by Rose Solutions or provided by the users and published on the Site or the App. All Content is owned, controlled or licensed by or to Rose Solutions or its affiliated owners and partners, and is protected by trade, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws and regulations.
You hereby undertake that you shall only use any data or information purposely made available by Rose Solutions for downloading from the Site, if a proper copyright notice appears or is otherwise indicated on all copies of the used or downloaded data or information, and such information or data are used exclusively for personal purposes (excluding any and all commercial or trade purposes), without any modifications, and you expressly agree that you shall not post, broadcast, share or copy such information or data.
The download and usage of the App is free, as it serves as an input device to enable the full utilization of the Service, together with the Site. The App may be used in two ways:
MyBarAssist Basic: The basic subscription charge for the subscription is 150$/Month/Account. In case you wish to use the Service at multiple establishments, you may receive various discounts according to the offer presented by our representative, or at our website.
The above subscription charge is the general, basic subscription charge which may change according to our most recent offers, discounts or subscription policies. Such offers, discounts or subscription policies may be temporary, periodic, valid until recalled, offered generally or during a sale, offered to users during a certain time-frame or to users who meet certain requirements (for example: quantity discounts).
NOTE: Your subscription shall be renewed automatically without any prior notice, unless you cancel it as specified in present Terms.
The invoices for the subscription are issued in all cases by Rose Solutions. Unless you expressly indicate otherwise, the invoices are issued to the person associated with the registration with the most recent data provided.
You may cancel your subscription at any time before its expiry thus terminating present Agreement between you and Rose Solutions. The cancellation/termination is effective as of the first day of the next invoice issuance period. Please note that you must cancel your subscription before it renews automatically for a subsequent invoice issuance period in order to avoid being charged for the next invoice issuance period’s subscription charge.
You hereby expressly acknowledge and agree that unless otherwise specified in present Terms or any of our other policies, we do not offer returns and/or refunds of any kind for cancelled subscriptions. In case of the cancellation of your subscription, you will continue to have access to the Service until the end of the given invoice issuance period. Users shall not be eligible for refunds of any kind where we terminate the legal relationship with immediate effect or we deny access to the Services due to breach of contractual obligations on the users’ end.
In the event that you fail to pay the amount billed to you by the time specified in the invoice, Rose Solutions shall send you a notification with a payment deadline of 15 days. If you fail to perform your payment obligation within the deadline, we shall at our own discretion terminate your Agreement and subscription with immediate effect and/or we may block your access to the Service.
The Service is continuously being upgraded with new updates, patches ("Updates") and new features and functions. The general Updates, which focus on increasing the efficiency and stability of the Service and the patching of any errors are free for all users.
Whenever new features or functions are being introduced to the Service, Rose Solutions has the sole right to decide whether these new features or functions are being implemented into the subscription free of charge, or if they are made available as part of an upgraded and/or different subscription for further charges.
The protection of your privacy is important to us. The use of your personal information by Rose Solutions is governed by the terms of the Privacy Policy (available at: www.mybarassist.com/privacy) which is an integral part of present Terms, therefore the Privacy Policy applies to the use of the Service. Unless indicated otherwise in the Privacy Policy, Rose Solutions will not sell, exchange, disclose or release your personal information to any third parties without your express permission, unless required by law, court or governmental order.
You hereby expressly acknowledge and give your consent and permission to Rose Solutions to share or publicly disclose your data in a compiled, aggregated and non-identifiable manner or form.
Your right to use the Service is subject to your full compliance with the following conditions and responsibilities:
Engaging, attempting, participating or otherwise taking part in any of the following activities in connection with the download and use of the Service is strictly prohibited:
In present Terms, the word “Social Media” means any online or offline platform that allows users to take part in a free, public discussion and exchange information, opinions and ideas about the Service, by using chat, messages, message board, mobile chat, video or sound messaging, blog, vlog, etc.
You hereby expressly acknowledge that Social Media, together with all its contents are for public and not private communications, and you have no expectation of privacy with regard to any of your messages, posts, videos, comments, or sound recordings posted on Social Media. The security of any information disclosed on Social Media cannot be guaranteed, and you should exercise caution when disclosing any information. The use of Social Media is exclusively at your own risk.
You hereby expressly declare that you are and shall remain solely and exclusively responsible for the usage of Social Media. Rose Solutions is under no obligation to monitor or otherwise supervise Social Media or any contents, messages, videos, pictures, sound recordings and posts on it. You should not trust any information provided by others on Social Media, and should exercise caution. Rose Solutions under no circumstances has any obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to messages, posts, photos, videos, sound recordings, opinions or any content that you post on Social Media.
By using Social Media, you expressly agree that – regardless of the given Social Media platform’s own terms of use – it is at all times prohibited to-, and you will not: upload, share, post, or otherwise transmit any content (including text, links, photos, videos, sound recordings, communications, software, images, sounds, data, or other information) that:
Rose Solutions reserves its right to remove any and all Content from Social Media, provided that the Content violates or otherwise interferes with the law, present Terms or other terms and policies of Rose Solutions. You hereby expressly agree and acknowledge that any and all violations of the provisions regarding the use of Social Media shall result in a serious breach of obligations on your end, and Rose Solutions shall carry out the necessary civil and/or criminal proceedings against such activities.
It is strictly prohibited to attempt to gain unauthorized access to any portion of the Service, the accounts of other users, the computer framework of the Service (including the software, hardware, source or object code and any contents), by hacking or other unlawful means.
It is strictly prohibited to use any device, software or other means that may damage the Service. You may not use the Service in any manner that could interfere with or disrupt the use of the Service for other users. You may not alter or modify the Service by any means, and may not use any automated devices, scripts, programs or methods, that are not purposely made available to you through the Service. You may not exploit the Service in any unlawful way. You may not use the Service or any Content for any purpose that is unlawful or prohibited by present Terms, or to solicit the performance of any illegal activity or other activity, which infringes the rights of Rose Solutions, other users or any other third parties.
The Service may contain links to third-party Websites, contents or pages. Rose Solutions provides these links for your convenience. Such websites, contents or pages are not under the control of Rose Solutions, and the inclusion of such links do not imply their endorsement by Rose Solutions. Rose Solutions shall not be held responsible for the contents of such websites.
Rose Solutions reserves the right to modify or change all or any portion of the App or Site, and any applicable policies or terms at any time, without notice.
Rose Solutions may also modify, suspend, interrupt or terminate the operation of or access to the Service or any portion thereof, for any reason at any time, without notice. Rose solutions shall not be held responsible or otherwise liable for such modifications.
With the issuance of new and updated versions of the Service, after a certain transitional period the older, outdated version(s) of the Service shall no longer be supported and/or available to use. You hereby expressly agree and acknowledge that you shall not be able to use the Service unless you update it to the latest version. Between each update we shall give ample time for users to perform the necessary updates. In the event of serious security- or operational issues we reserve the right to deny access to the outdated versions with immediate effect, without transitional period.
THE SERVICE MAY CONTAIN INACCURACIES, ERRORS, BUGS OR GLITCHES THAT COULD CAUSE FAILURES OR LOSS OF DATA. REGISTRATION AND USE OF THE SERVICE IS AT YOUR OWN EXCLUSIVE RISK. ANY AND ALL RISK TO THE SATISFACTORY QUALITY, EXPERIENCE, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU ONLY. ROSE SOLUTIONS DOES NOT PROMISE THAT THE SERVICE, ANY OF ITS COMPONENTS, FEATURES, RESULTS OR ANY CONTENT WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICE (INCLUDING THE APP OR THE SITE) WILL BE AT ALL TIMES SATISFACTORY, TIMELY, SECURE, AVAILABLE, ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS, ERRORS, BUGS OR GLITCHES WILL BE CORRECTED. THE SERVICE AND ANY AND ALL CONTENT ARE PROVIDED BY ROSE SOLUTIONS ON AN “AS IS” AND “AS AVAILABLE” BASIS, TOGETHER WITH ALL FAULTS, ERRORS, BUGS AND GLITCHES AND WITHOUT ANY WARRANTY. YOU HEREBY EXPRESSLY AND IRREVOCABLY CONSENT AND ACKNOWLEDGE THAT ROSE SOLUTIONS HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE AND THE CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF THE SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS). ALL INFORMATION PROVIDED THROUGH THE SERVICE IS AT ALL TIMES SUBJECT TO CHANGE WITHOUT ANY PRIOR NOTICE. ROSE SOLUTIONS DOES NOT WARRANT THAT ANY INFORMATION, CONTENT, FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICE (INCLUDING THE SITE OR THE APP) WILL BE FREE OF VIRUSES, ERRORS, BUGS, GLITCHES OR CONTAMINATION OR DESTRUCTIVE FEATURES, OR THAT ANY INFORMATION OR CONTENT DOWNLOADED, STORED OR TRANSMITTED THROUGH THE SERVICE WILL NOT BE LOST, MODIFIED, CORRUPTED OR DAMAGED. ROSE SOLUTIONS HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY AND ALL THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICE. YOU HEREBY EXPRESSLY ASSUME FULL AND TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND ANY ASSOCIATED OR LINKED SITES OR CONTENT. YOU HEREBY AGREE THAT YOUR SOLE REMEDY AGAINST ROSE SOLUTIONS FOR ANY AND ALL DISSATISFACTION WITH THE SERVICE OR ANY CONTENT IS TO STOP USING THE SERVICE OR ANY SUCH CONTENT. NO INFORMATION OR ADVICE (WHETHER ORAL OR WRITTEN) GIVEN BY ROSE SOLUTIONS WILL EVER CREATE A WARRANTY NOT EXPRESSLY STATED IN PRESENT TERMS AND CONDITIONS. SHOULD THE SERVICE PROVE DEFECTIVE IN ANY WAY, ROSE SOLUTIONS SHALL NOT HAVE ANY OBLIGATION TO PROVIDE YOU SERVICING, REPAIR, CORRECTION OF ANY KIND AND YOU SHALL ASSUME THE ENTIRE COST OF SUCH SERVICING, REPAIR OR CORRECTION.
The Disclaimer above applies to any and all damages, infringements of rights, liability, injuries caused by any and all failure of performance, error, omission, defect, interruption, deletion, delay in operation or transmission, computer viruses, bugs, glitches, communication line failure, modification, corruption, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ROSE SOLUTIONS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, YOUR USE OR INABILITY TO USE THE SITES, HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF ROSE SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ROSE SOLUTIONS DISCLAIMS ALL LIABILITY WITH RESPECT TO ITS CESSATION TO MAKE THE SERVICE AVAILABLE TO YOU WHEN SUCH CESSATION RESULTS FROM THE SERVER SHUTDOWN EITHER ACCIDENTAL OR INTENTIONAL. ROSE SOLUTIONS SHALL IN NO WAY BE HELD RESPONSIBLE FOR THE ACTIONS OF THE PLATFORM PROVIDERS, INCLUDING MAKING THE APP TEMPORARILY OR PERMANENTLY UNAVAILABLE. ROSE SOLUTIONS SHALL IN NO WAY BE HELD RESPONSIBLE FOR MAKING THE SERVICE UNUSABLE ON CERTAIN OLDER AND/OR OUTDATED DEVICES, IT IS AT ALL TIMES THE RESPONSIBILITY OF THE USER TO KEEP THEIR HARDWARE AND SOFTVARE UP-TO-DATE BY PERFORMING NECESSARY UPGRADES.
Some jurisdictions do not allow the limitation of liability. In such jurisdictions, Rose Solution’s liability to you for any damage or loss which arises out of or is in any way connected with your use of the Service is limited to the greatest extent permitted by law, or the monthly subscription charge, whichever is less.
To the extent permitted by law, you agree to indemnify and hold harmless, and upon Rose Solution’s request, defend Rose Solutions, its directors, shareholders, officers, employees, independent contractors and agents (each a “Rose Solutions Indemnified Party”) from any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation, attorney’s fees and court costs, incurred by a Rose Solutions Indemnified Party due to or arising from or in connection with your use of the Service. YOU HEREBY EXPRESSLY UNDERTAKE AND AGREE TO INDEMNIFY AND HOLD HARMLESS ANY AND ALL THIRD-PARTY SERVICE PROVIDERS (INCLUDING GOOGLE PLAY AND THE APP STORE) IN RESPECT OF ANY LOSSES, CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES ARISING FROM YOUR USE OF THE SERVICE AND ANY OF ITS FEATURES OR CONTENTS.
Rose Solutions makes no representation or warranty that: (a) the Service will be free of errors, bugs, or glitches, or that any such error, bug, or glitch will be corrected; (b) servers that house the Service are free of viruses or other malicious code; and (c) your use of the Service is in compliance with the Terms of Service of any third party, including, without limitation, third party social media services.
THE SERVICE AND ALL ITS FEATURES AND CONTENT IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY WHATSOEVER. ROSE SOLUTIONS PROVIDES NO WARRANTIES WHATSOEVER REGARDING THE AVAILABILITY, ACCURACY, RELIABILITY, TIMELINESS OR DELIVERY OF THE SERVICE, AND HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY ARISING FROM COURSE OF PROVIDING, DEALING, USAGE, TRADE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE.
You hereby expressly agree that the Service shall be deemed based in Texas, and is housed on a passive server that does not give rise to personal jurisdiction over Rose Solutions, either specific or general, in any jurisdiction other than Texas. This document shall be governed in all respects by the laws of the United States and the State of Texas. Any claim or dispute you may have against us, whether subject to mandatory arbitration or otherwise, must be brought in Austin, Texas. For any matters not subject to mandatory arbitration, you agree to submit to the personal jurisdiction of the courts located within Austin, Texas for the purpose of litigating all such claims or disputes. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim improperly, we may recover reasonable attorneys’ fees and costs, provided that we have notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.
Any claim or cause of action arising out of your use of the Service must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Rose Solutions to enforce or exercise any provision of these Terms or any related right shall not constitute a waiver of that right or provision.
Rose Solutions reserves the right to change, modify, add, or remove any element or Content of the Service and portions of these Terms, without any advance notice to you. We will notify you of any changes to these Terms by indicating the effective date of the change on the Site and in the App together with a link to previous versions. You hereby expressly accept this method of notification. Except as stated elsewhere, any and all modifications, amendments or changes will be effective immediately and without further notice. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes.
You agree that Rose Solutions may, at its sole discretion and without prior notice, terminate your access to the Service and/or block your future access to the Service if we determine that you have violated these Terms or other agreements or guidelines which may be connected with your use of the Service. You also agree that in case of any violation by you of these Terms Rose Solutions will be entitled to recover monetary damages and obtain any injunctive or equitable relief that Rose Solutions deems necessary or appropriate in such circumstances. You agree that Rose Solutions will not be liable to you or to any third party for termination of your access to the Service as a result of any violation of these Terms. If Rose Solutions takes any legal action against you as a result of your violation of these Terms, Rose Solutions will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Rose Solutions.
These Terms and any document incorporated by reference herein, together with the Privacy Policy, constitute the entire agreement between you and us, and govern your use of the Service, superseding any prior agreements between us. If any provision of these Terms is found by a court or other binding authority to be invalid, the remaining provisions contained in these Terms shall continue in full force and effect nonetheless.
The Service may be available via the App Store platform (for Apple devices), Google Play, and possibly other application stores or providers (hereinafter referred to as: “Platform Providers”). Regardless of the version of the Service you may use, the following additional terms apply:
Should you have any questions regarding these Terms, our Privacy Policy or the Service, please contact us at: support@mybarassist.com
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