Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the Earnest Pairing mobile application and related services (the “Service”). By using the Service, you agree to be bound by these Terms.

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

1. Who we are

The Service is operated by EARNEST SYSTEMS LLC (“we,” “us,” or “our”).

Contact:
Email: earnestpair@gmail.com

2. Eligibility

You may use the Service only if you:

• Are at least 13 years old (or the minimum age in your jurisdiction), and
• Are legally capable of entering into a binding agreement.

If you are under the legal drinking age in your jurisdiction, you agree not to use the Service to obtain or consume alcoholic beverages in violation of applicable law.

3. Description of the Service

Earnest Pairing helps you discover cocktail pairings for books, movies, albums, and similar media, and may offer additional features such as saving pairings, rating recommendations, and accessing premium content via subscriptions.

The Service is for informational and entertainment purposes only and does not provide medical, legal, or professional advice.

4. Subscriptions, trials, and billing

4.1 Auto-renewable subscriptions

Certain features of the Service are available only through auto-renewable subscription plans (“Subscriptions”). Details of available Subscriptions (duration, pricing, included features) are presented within the app and on the App Store.

• Payment is charged to your Apple ID account at confirmation of purchase.
• Subscriptions automatically renew at the end of each billing period unless cancelled at least 24 hours before the end of the current period.
• Your account will be charged for renewal within 24 hours prior to the end of the current period, at the rate shown in the app and on the App Store.

4.2 Free trials and introductory offers

We may offer free trials or introductory pricing. The specific terms (duration, price, eligibility) will be shown in the app. At the end of the trial or introductory period, your Subscription will automatically convert to a paid Subscription and renew at the standard price unless you cancel at least 24 hours before the end of the trial or introductory period.

4.3 Managing and cancelling your Subscription

You can manage and cancel your Subscription at any time by using your Apple ID account settings:

• Open your device Settings
• Tap your name → Subscriptions
• Select Earnest Pairing and manage or cancel

Deleting the app does not cancel your Subscription. We do not handle cancellations directly; all changes must be made through your Apple ID account.

4.4 Refunds

All billing is processed by Apple. Refund requests are handled according to Apple’s policies. We do not issue refunds directly.

5. License and acceptable use

5.1 License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use on compatible devices you own or control.

5.2 Acceptable use

You agree not to:

• Use the Service for any unlawful purpose or in violation of applicable laws (including alcohol and health regulations).
• Reverse engineer, decompile, or attempt to derive source code from the app, except where permitted by law.
• Circumvent, disable, or interfere with security features or access controls.
• Use the Service in a manner that could damage, disable, or impair the Service or interfere with others’ use.
• Use any automated system (such as bots or scrapers) without our prior written permission.

We may suspend or terminate your access to the Service if we believe you have violated these Terms.

6. User content and feedback

You may be able to submit content through the Service, such as ratings, written feedback, or pairing requests (“User Content”).

By submitting User Content, you:

• Represent that you have the rights necessary to share it and that it does not infringe the rights of others or violate applicable law.
• Grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, translate, display, distribute, and create derivative works from your User Content for the purpose of operating and improving the Service.

We may, but are not obligated to, review, remove, or modify User Content at our discretion.

7. Intellectual property

The Service, including all content, features, and functionality (such as text, graphics, logos, icons, images, and software), is owned by us or our licensors and is protected by copyright, trademark, and other laws.

Except as expressly permitted in these Terms, you may not copy, modify, distribute, sell, or lease any part of the Service.

8. Third-party services

The Service may rely on or link to third-party services, such as subscription and purchase management (e.g., Apple, RevenueCat), analytics, and crash reporting providers, as well as external content or websites.

We are not responsible for third-party content, services, or terms. Your use of third-party services is subject to their own terms and privacy policies.

9. Health and responsibility

Cocktail recommendations and related content are for informational and entertainment purposes only. We do not encourage excessive or unsafe alcohol consumption.

You are solely responsible for:

• Complying with local laws regarding alcohol purchase and consumption.
• Making your own decisions regarding health and wellness.

If you have health concerns or questions about alcohol use, consult a qualified professional.

10. Disclaimer of warranties

The Service is provided on an “as is” and “as available” basis, without warranties of any kind, express or implied.

To the maximum extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties that the Service will be uninterrupted, error-free, secure, or free of harmful components.

11. Limitation of liability

To the maximum extent permitted by law, in no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising out of or in connection with your use of the Service, even if we have been advised of the possibility of such damages.

Our total liability for any claims arising out of or relating to the Service or these Terms will not exceed the greater of (a) the amounts you have paid to us for the Service in the three months prior to the claim, or (b) USD $10. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

12. Indemnification

You agree to indemnify and hold harmless us and our affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of another person or entity.

13. Changes to the Service and these Terms

We may modify or discontinue the Service (in whole or in part) at any time. We may also update these Terms from time to time.

When we do, we will revise the “Last updated” date above. Continued use of the Service after the updated Terms become effective constitutes your acceptance of the changes.

14. Termination

You may stop using the Service at any time. We may suspend or terminate your access to the Service at any time and for any reason, including if we believe you have violated these Terms.

Upon termination, any rights and licenses granted to you under these Terms will immediately cease. Sections that by their nature should survive termination will survive, including those relating to intellectual property, disclaimers, limitations of liability, and indemnification.

15. Account Deletion

You have the right to request deletion of your account and associated data at any time.

15.1 How to request account deletion

You may request account deletion by either:

• Using the "Delete Account" button in the Membership section of your Profile within the app, or
• Sending an email to earnestpair@gmail.com with the subject line "Account Deletion Request"

15.2 What happens when you delete your account

When you request account deletion:

• Your data will be immediately hidden and inaccessible
• Your saved pairings, ratings, preferences, and feedback history will be marked for deletion
• Your subscription entitlements will be revoked from our system
• You will be signed out of the app

After a 30-day retention period, all of your data will be permanently and irreversibly deleted from our systems. During this period, your data remains inaccessible and cannot be recovered.

Important: Deleting your account does not automatically cancel any active subscriptions with Apple. You must cancel your subscription separately through your Apple ID account settings to avoid future charges. Subscription billing is managed entirely by Apple and is not affected by account deletion within our Service.

15.3 Signing back in after deletion

If you sign back in using the same credentials after requesting account deletion, you will see a fresh, empty account. Your previous data will not be restored. Any subscription entitlements you had will need to be restored through Apple's subscription management (if still active) or by subscribing again.

15.4 Data we may retain

After the 30-day retention period and permanent deletion, we may retain certain anonymized or aggregated information as required by law or for legitimate business purposes (such as fraud prevention or financial record-keeping), but this information will not be personally identifiable or associated with your account.

16. Governing law

These Terms are governed by and construed in accordance with the laws of the State of New York, USA, without regard to its conflict of laws principles, unless the laws of your jurisdiction require otherwise.

17. Contact

If you have any questions about these Terms, please contact us at:

Email: earnestpair@gmail.com

These Terms of Use are provided for your convenience and may be updated over time as the app evolves.