Terms and conditions

Terms & conditions

NUP LLC ( “NUP”, “ We”, and “ Us”) provides this webapp (this app and any applications, mobile applications, software, and services accessible therefrom, provided by NUP for use with the app or otherwise, collectively, the “App”) to you subject to these terms of use (these “Terms”). In these Terms we describe anyone who downloads, accesses, or otherwise interacts with the App, whether NUP Members or not, as “Users,” “You,” or “ Your(s).”

Before using the App, please read all of the Terms carefully. You agree to be legally bound by these Terms by accessing, using, or browsing the App. You must not use the App if You do not agree to these Terms in its totality.

The App is only for those wh o are 21 years old or older. If You are not 21 years old or older, You are not permitted to use the App.

NUP maintains the right, at any time and in its sole discretion, to amend or modify any of the terms and conditions stated in these Terms, as well as any policy or guideline of the App. Unless otherwise stated, any changes or modifications will take effect immediately after they are posted on the App, and Your continued use of the App beyond that time will indicate Your acceptance of those changes or modifications. The 'last updated' date will always appear at the bottom of the Terms. You must cease using the App if You do not agree to the modified Terms.

1. Privacy Policy: Please refer to NUP’s privacy policy, available at www.nup-app.com/privacypolicy for information on how NUP collects, discloses, and uses personal information from App users. By using the App, You agree to our collection, use, and disclosure of Your personal information in accordance with the Privacy Policy.

2. Account and following terms: Registration: By Registering an account on the App, You are agreeing to the following terms:

2.1 Provide accurate, current, and complete information as may be prompted by any registration forms on the App ( “Registration Data”). You must be 21 years of age or older to download and use this App. All violations are punishable under law for any person under the age of 21 to present any written evidence of age which is false, fraudulent, or not actually his or her own for the purpose of acquiring any alcoholic beverage. By registering for an account, You are agreeing to provide honest and accurate information. Failure to provide accurate Registration Data will result in termination of Your account. NUP will not be held liable for any inaccurate, false, fraudulent, or otherwise misleading information as a result of Your failure to provide accurate information;

2.2 Maintain the security and strength of Your password, not sharing it with other people;

2.3 Maintain and promptly update the Registration Data, and any other information You provide to the App, and to keep it accurate, current, and complete;

2.4 Accept all risks of unauthorized access to the Registration Data and any other information You provide to the App;

2.5 You may have no more than one account. You cannot sell, trade, or transfer that account to any other person, or access NUP by any other means other than through the App’s public interface using Your unique login and password.

There is a password recovery site and a help email available if You forget Your login details. In the event of a password recovery through text or email, personal information may be needed to be validated. If the email address is in our system, You will receive an email with a code that You may use to restore or reset Your account password.

You are solely liable for any misuse or violation of Your responsibilities under the Terms, as well as the repercussions of such violations, including any loss or damage to NUP, Yourself, or thirdparties. By agreeing to and using this App, You agree to immediately notify Us at info@nup-app.com if You become aware of any unauthorized use of Your account.

3. Marketing Services: NUP provides a marketing service to its partner venues ( “Venue” or “Venues”) by providing qualified NUP Members the opportunity to discover and pay for items and services at those Venues. Your membership purchase is merely an indication that You are a NUP Member, and permits You to utilize our App to obtain information about Venues, including any promotional deals the Venues may be offering. A Venue may serve You one complimentary alcoholic beverage each day at its own discretion. You will never purchase an alcoholic beverage from NUP. Failure to comply with applicable state alcohol control laws and regulations may result in the instant cancellation of Your membership, with NUP under no obligation to give a refund.

4. Membership: Your purchase of a Membership is a privilege, not a guarantee. NUP maintains the right to terminate Your membership at any moment, for any reason. You must observe all Membership rules and acceptable behavior and conduct, as well as all applicable local, state, and federal laws and regulations, in order to use the App and NUP services. Having a Membership or access to the App does not guarantee that You will always be able to enter or get service at Venues. If a Venue determines, in its sole discretion, that You have violated its code of conduct or displayed undesirable behavior in any way, it may refuse You entry or service. Members who are denied access or service by a Venue will not get a reimbursement from NUP.

By using the App, regardless of Membership, You agree:

1. To comply with local state and federal laws and regulation;
2. Not to use the App or NUP services at Venues if You are under the age of 21;
3. Not to maintain more than One (1) account per person;
4. Not to access the App or NUP services using a Membership account of a third party;
5. Not to use the App for illegal purposes;
6. Not to commit any acts of infringement of intellectual property on the App;
7. Not to use the App to engage in any commercial activities;
8. Not to copy any content for republication in print or online;
9. Not to create disruption or interfere with another person’s use and enjoyment of the App;
10. Not to copy the Application, except as expressly permitted by this license;
11. Not to modify, translate, adapt, or otherwise create derivative works or improvements ofthe App; and
12. Not to reverse engineer, disassemble, decompile, decode, or otherwise attempt to deriveor gain access to the code of the App or any part thereof.

5. Monthly Subscription: NUP offers a monthly subscription to our App (“Membership”) starting at $5.99 per month excluding taxes. NUP reserves the right to adjust pricing at any time. Billing will be a recurring monthly price, and any price changes to Your Membership will take effect onYour next billing cycle upon notice communicated through a push notification and a confirmation by You.

A credit card is required to obtain a Membership by creating a profile at one of our vendors' site. Your credit card information is processed and securely stored by Stripe (iOS) or Paypal (Android).

By agreeing to become a Member, You authorize us to charge You for Your initial Membership period as well as a regular monthly or annual membership fee at the then-current cost, which may change at our discretion. You also give us permission to charge You any additional costs that arise from Your use of the App. Your first Membership cycle, excluding any special discounts, will be billed at the time of purchase. Your membership will renew automatically every month on the date which You first downloaded the App, and You will be billed on the same day. We reserve the right to change the timing and date of our billing at any moment, and if we do, we will update Your account accordingly.

To cancel, please contact info@nup-app.com and we'll cancel the membership for you.

To update any personal or billing information, go to the profile page in the app and click "my subscription" and make Your changes. You will have access to the application for the balance of Your current monthly billing cycle if You choose to cancel. There are no refunds on membership fees or any other fees. Members are responsible for paying the entire contracted sum upfront before using any NUP services during such paid periods, whether for one month, multiple months, or one year at a time. We may opt to grant a refund or discount towards the current paid period at our sole discretion from time to time; but, such choices do not entitle You or any other person to any future discounts or refunds for comparable circumstances.

Important: Deleting the NUP app from Your mobile device does not constitute cancellation or a request for account cancellation. Responsibility for any uncollected amounts still falls on You the consumer and a deletion of the app allows NUP to continue billing You through the Payment Processor.

6. Links to Third-Party Apps
As a convenience to users interested in this information, the App may contain connections to third-party Webapps ("Third-Party Apps") and third-party content ("Third-Party Content"). You useThird-Party Apps, as well as any Third-Party Content or service available there, at Your own risk.Third-Party Content and Third-Party Apps are not monitored or controlled by NUP, and NUP makesno claim or representation about them. NUP provides these links as a courtesy, and a link to aThird-Party App or Third-Party Content does not imply that NUP endorses, adopts, promotes, oris affiliated with that Third-Party App or Third-Party Content. NUP assumes no responsibility for reviewing modifications or updates to Third-Party Content, Third-Party Apps, or Webapps linking to the App, or for the quality, policies, nature, or reliability of Third-Party Content, Third-Party Apps, or Webapps linking to the App. Our Terms are no longer in effect once You exit the App. Any Third-Party App's applicable terms and conditions, including privacy policies and data gathering practices, should be reviewed, and any inquiry necessary or appropriate should be conducted before completing with any transaction with any third party.

7. Advertisements and Promotions
On the App, NUP may display advertisements and promotions from third parties. Any terms, conditions, warranties, or representations associated with Your business dealings or correspondence with, or participation in promotions of, advertisers other than NUP, and any terms, conditions, warranties, or representations associated with such dealings, are solely between You and such third party. NUP disclaims all responsibility and liability for any loss or damage of any kind incurred as a consequence of any such dealings or the presence of third-party advertising on the App.

8. Warranty Disclaimer
The App, including the material and services available on the App, is offered to You "as is," "as available," with no express or implied representations, warranties, conditions, or guarantees from NUP. NUP expressly disclaims any and all stated or implied representations, warranties, conditions, or guarantees, including implied warranties of merchantability, fitness for a specific purpose, title, and noninfringement. NUP makes no promise or assurance that the App is accurate, complete, reliable, current, or errorfree, and expressly disclaims any representation or warranty regarding the A pp's correctness or proprietary character. You are solely responsible for any damage to Your computer system or data loss that occurs as a result of using the App. NUP will employ reasonable measures to make Your access to and use of the App safe, but NUP does not represent or warrant that the App is free of viruses or other harmful components.

9. Limitation of Liability; Indemnity
You waive and agree not to assert any claims or allegations of any kind against NUP, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors, venue partners, or other partners, any of their successors or assigns, or any of their respective officers, directors, agents, or employees (collectively, the "Released Parties") arising out of or in any way related to Your use of the App, including, without limitation, any claims or allegations arising out of or in any way related to Your use of the App. You are using the App at Your own risk.

Without limiting the foregoing, neither NUP nor any other Released Parties shall be liable for any direct, special, indirect, exemplary, consequential, punitive, or other damages of any kind, including but not limited to loss of use, loss of profits, loss of data, loss of good will, data, or other intangible losses or other economic loss, whether in a contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with or relating to any any failure of the App to perform, whether due to mistakes, errors, omissions, interruptions, defects, delays in operation or transmission, deletion of files or email, computer viruses, or any other failure of performance (whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to NUP or any other Released Party's records, programs, or services); and any damages arising from communications or transactions with third parties.

In no event will NUP's total liability, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or any other theory, arising out of or relating to You r use of the App exceed the amount You paid for access to or use of the App.

You agree to fully defend, indemnify, and hold NUP and the other Released Parties harmless from any loss, damages, liabilities, costs, expenses, claims, and proceedings arising from and related to Your use of the App and the use of the App by any person to whom You grant access to Your account, including any claims made by any person that any content submitted by You or another using Your account infringes any third party's rights, including intellectual property rights.

10. Applicable Law, Jurisdiction , and Venue
This Agreement shall be construed in accordance with the law of the State of Indiana. Each party irrevocably submits to the jurisdiction of any state or federal court located in Allen County, Indiana, over any action, suit, or proceeding in connection with, arising out of, related to, or concerning these Terms. Each party further expressly agrees that venue is proper over any such action, claim, suit, or proceeding in Allen County, Indiana. Each party expressly waives any objection to jurisdiction or the laying of venue, or to assert the doctrine of forum non conveniens. Each party further submits that any court located in Allen County, Indiana shall have in personam jurisdiction.

11. Modification of App
NUP reserves the right, without notice and in its sole discretion, to:
1. Terminate Your use of the App, or any portion of the App:
2. Change, suspend, or discontinue any aspect of the App, the Services, or the Content;
3. Place restrictions on the App; and
4. Charge for content and services that are not included in Your monthly NUP Membership cost.

12. Termination
NUP has the right to terminate these Terms and Your use of the App at any time and without notice. You can stop using the App at any time by canceling Your account in the main in-App menu under "My Subscription.”

Removing or deleting the NUP app from You r mobile device will not cancel You r account or re lieve You of You r obligation to make monthly payments.

13. Electronic Contract
Use of this App and/or registration for the App represents Your electronic signature to these Termsand Your willingness to enter into this Agreement with Us electronically.

14. Severability
If any term of these Terms is found to be unlawful, void, or unenforceable for any reason, thatprovision shall be deemed severable from these Terms and shall have no bearing on the legalityor enforceability of the other sections. These Terms are the entire agreement between You andNUP about Your use of the App, and they supersede any prior or contemporaneouscommunications between You and NUP regarding Your use of the App, whether electronic, oral,or written. The headings in these Terms are included solely for convenience and have no legal orcontractual impact, and will have no bearing on the construction or interpretation of these Terms.The parties confirm that these Terms, as well as any other materials relating to these Terms,including notices, have been and will continue to be written in English exclusively.

15. Entire Agreement
The Terms enumerated herein represent all the rights and obligations of the parties andsupersedes all other agreements whether written or oral between the parties.

Contact us:
If You have any questions regarding these Terms or Your use of the App, please contact us at: info@nup-app.com