Terms of Service

Welcome to Topa!

These Terms of Service (“Terms”) govern your access to and use of the Topa! mobile application, website, and related services (collectively, the “Service”) operated by Topa App LLC (“Topa,” “we,” “us,” or “our”).

By downloading, installing, accessing, or 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. Eligibility & Age Requirement

Topa! is intended solely for individuals who are at least twenty-one (21) years old and legally permitted to consume alcohol in their jurisdiction.

By using the Service, you represent and warrant that:

you are at least 21 years old;
you have the legal capacity to enter into these Terms; and
your use of the Service complies with all applicable laws and regulations.

The Service is not directed to minors or children. We do not knowingly collect personal information from individuals under 21 years of age. If we become aware that a person under 21 has created an account or used the Service, we may terminate the account and remove associated data.

2. Description of the Service

Topa! is a cocktail and bar management application available on iOS and Android devices. Features may include:

cocktail recipes;
bar inventory management;
pantry and ingredient tracking;
AI-powered bottle recognition;
AI-powered recipe scanning;
custom recipe creation;
cocktail recommendations;
social engagement features;
subscription-based premium tools; and
integrations or links to third-party products or services.

Features may change over time. We may modify, suspend, discontinue, add, or remove portions of the Service at any time without liability.

3. Accounts & Security

You may use certain portions of the Service in guest mode without creating an account. Guest mode data may be stored locally on your device only and may be permanently lost if the app is deleted, your device is reset, or your device is damaged.

To access certain features, you may create an account using:

email and password;
Apple Sign In; or
Google authentication.

You agree to:

provide accurate and current information;
maintain the security of your credentials;
promptly update account information if it changes; and
accept responsibility for all activity occurring under your account.

You must notify us immediately at hello@topaapp.com if you suspect unauthorized access to your account.

We reserve the right to suspend, restrict, or terminate accounts at our discretion, including for suspected fraud, abuse, unauthorized activity, or violations of these Terms.

4. Subscriptions, Billing & Payments

Premium Features

Certain features of the Service may require a paid subscription or in-app purchase ("Premium Features").

Payment Processing

Payments may be processed by third-party payment processors, including Lemon Squeezy, Apple App Store, Google Play, or other authorized providers.

By purchasing a subscription or Premium Feature, you authorize the applicable payment processor to charge your selected payment method for all applicable fees, taxes, renewals, and related charges.

We do not directly store your full payment card information.

Merchant of Record

In some cases, a third-party provider such as Lemon Squeezy may act as merchant of record for transactions. Purchases may therefore be subject to that provider's separate terms, billing policies, tax handling, and refund procedures.

Auto-Renewal

Subscriptions automatically renew unless canceled before the end of the applicable billing period.

You authorize recurring charges until cancellation.

Cancellation

You may cancel your subscription at any time through:

your Apple App Store account settings;
your Google Play account settings; or
the applicable payment provider portal.

Cancellation becomes effective at the end of the current billing period.

Refunds

Refunds are handled according to the policies of the applicable payment processor or app marketplace. Except where required by law, Topa does not guarantee refunds.

Pricing Changes

We reserve the right to change pricing, subscription plans, or available features at any time. Continued use of a subscription after a pricing change takes effect constitutes acceptance of the updated pricing.

5. Free Features

Our cocktail recipe library is currently available free of charge. We may introduce, modify, or remove free or premium features over time at our discretion.

We do not guarantee that any feature will remain available indefinitely.

6. User Content

The Service may allow you to create, upload, store, import, or share recipes, notes, images, comments, or other content ("User Content").

You retain ownership of your User Content.

However, by submitting User Content, you grant Topa a non-exclusive, worldwide, royalty-free license to host, store, display, reproduce, process, adapt, transmit, and use that content solely for the purpose of operating, improving, and providing the Service.

You are solely responsible for any User Content you upload, create, import, store, or share through the Service. Topa does not endorse, verify, or guarantee the accuracy, legality, originality, or ownership of User Content.

You represent and warrant that:

you own or control the necessary rights to your User Content;
your User Content does not infringe third-party rights;
your User Content is lawful;
your User Content does not contain malicious code or harmful material; and
you have all necessary rights, permissions, and licenses to upload or use your User Content within the Service.

Topa is not liable for User Content uploaded, stored, or transmitted by users, including any alleged copyright infringement or other legal violations related to such content.

You understand that User Content may be viewed, copied, shared, interacted with, or displayed through social or sharing features of the Service where applicable.

We reserve the right, but not the obligation, to remove, review, moderate, restrict, investigate, preserve, or delete User Content at our discretion and to cooperate with law enforcement or legal authorities where appropriate.

7. AI Features & Accuracy Disclaimer

The Service may include AI-powered functionality, including:

bottle recognition;
image analysis;
OCR text extraction;
recipe scanning; and
AI-generated recommendations.

These features may rely on third-party AI providers, including Anthropic.

AI-generated results are provided for informational and convenience purposes only and may contain inaccuracies, omissions, errors, or misidentifications.

We make no guarantee regarding:

ingredient accuracy;
bottle identification accuracy;
allergen information;
nutritional information;
recipe completeness; or
safety outcomes.

You should independently verify all information before relying on it.

The Service is intended for general informational purposes only and should not be relied upon as medical, nutritional, dietary, legal, professional, or safety advice.

8. Camera & Photo Processing

Certain features require access to your device camera or photos.

When you use scanning features, images may be transmitted to third-party AI processing providers solely to process and return results.

We do not guarantee permanent storage of uploaded images and may delete temporary processing data automatically.

You may revoke camera permissions at any time through your device settings, although certain features may stop functioning.

9. Alcohol Responsibility Disclaimer

Topa! is intended only for responsible adult use.

Cocktail recipes, ingredient information, recommendations, and related content are provided for informational and entertainment purposes only.

Topa does not encourage:

excessive drinking;
binge drinking;
underage drinking;
impaired driving; or
unlawful alcohol consumption.

Always drink responsibly.

Cocktail recipes and ingredient information may include common allergens or ingredients that could cause adverse reactions. Users are solely responsible for reviewing ingredients and determining whether recipes are safe for their personal consumption.

You are solely responsible for:

complying with applicable laws;
verifying ingredient safety;
understanding alcohol content;
monitoring allergens or sensitivities; and
making responsible consumption decisions.

Topa is not responsible for injuries, damages, health consequences, or losses arising from the preparation, consumption, misuse, or reliance upon alcohol-related content.

10. Third-Party Products, Retailers & Affiliate Relationships

Topa! may contain links to third-party retailers, vendors, services, products, promotions, or websites, including retailers offering alcohol, bar tools, glassware, ingredients, or related products.

Topa does not:

manufacture products;
sell or distribute alcohol;
process third-party retail transactions;
take possession of products;
fulfill orders; or
control third-party retailers, vendors, or marketplaces.

All purchases, transactions, and interactions with third-party retailers or vendors occur solely between you and the applicable third party.

Third-party retailers and vendors are independently responsible for:

legal compliance;
age verification;
product availability;
product descriptions;
pricing;
taxes;
shipping;
delivery;
returns;
refunds; and
customer support.

Topa makes no representations or warranties regarding third-party products, services, retailers, or websites and is not responsible for any loss, damage, injury, delay, error, or dispute arising from your interactions or transactions with third parties.

The Service may include affiliate links or referral links. Topa may receive commissions, referral fees, or other compensation if you purchase products or services through certain links, at no additional cost to you.

Affiliate relationships do not influence or guarantee recommendations, rankings, availability, or editorial content within the Service.

Third-party websites and services may have separate terms, conditions, and privacy policies, and your interactions with those services are governed solely by those third-party policies.

Users are solely responsible for complying with all applicable local, state, federal, and international laws related to alcohol purchases or consumption.

11. Acceptable Use

You agree not to:

use the Service if you are under 21;
violate applicable laws or regulations;
reverse engineer or attempt to extract source code;
scrape or automate access to the Service;
bypass subscription restrictions;
interfere with security features;
upload malicious code;
impersonate others;
misuse social features;
infringe intellectual property rights;
use the Service commercially without authorization; or
engage in abusive, fraudulent, or harmful conduct.

We may investigate violations and cooperate with law enforcement where appropriate.

12. Export Controls & Sanctions Compliance

You may not use the Service in violation of applicable export control, sanctions, or trade laws and regulations of the United States or other applicable jurisdictions.

You represent and warrant that:

you are not located in a country or region subject to U.S. government embargoes or sanctions; and
you are not listed on any U.S. government prohibited or restricted party list.

13. Intellectual Property

The Service, including:

software;
code;
databases;
UI/UX design;
branding;
logos;
graphics;
compilations;
text; and
proprietary content

is owned by Topa App LLC or its licensors and protected by intellectual property laws.

Except as expressly authorized, you may not:

reproduce;
distribute;
copy;
scrape;
republish;
sell;
sublicense; or
create derivative works

from the Service or its content.

Topa! and related branding are protected trademarks and may not be used without permission.

14. App Store Terms

If you download the Service through the Apple App Store or Google Play Store:

those platforms are not responsible for the Service;
they have no obligation to provide maintenance or support;
they are not responsible for claims relating to the Service; and
they are third-party beneficiaries of these Terms as applicable.

Your use of the Service must comply with all applicable app marketplace terms.

15. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOPA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
NON-INFRINGEMENT;
ACCURACY;
RELIABILITY; AND
AVAILABILITY.

We do not guarantee uninterrupted or error-free operation.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOPA APP LLC AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF:

ONE HUNDRED U.S. DOLLARS ($100 USD); OR
THE AMOUNT YOU PAID TO TOPA DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not permit certain limitations, so portions of this section may not apply to you.

17. Indemnification

You agree to defend, indemnify, and hold harmless Topa App LLC and its affiliates, officers, employees, and agents from claims, damages, liabilities, losses, expenses, and legal fees arising from:

your use of the Service;
your User Content;
your violation of these Terms; or
your violation of applicable law or third-party rights.

18. Termination

You may stop using the Service at any time and may delete your account through available account settings or by contacting us.

We reserve the right, in our sole discretion, to suspend, restrict, disable, or terminate your access to the Service, with or without notice, and with or without cause, at any time.

Reasons for suspension or termination may include, but are not limited to:

violation of these Terms;
suspected fraud, abuse, or unauthorized activity;
conduct that may harm the Service, other users, or third parties;
legal or regulatory requirements;
extended inactivity; or
operational or security concerns.

Upon termination:

your right to access or use the Service will immediately cease;
certain data associated with your account may be deleted or become inaccessible; and
we may retain information as required by law, for legitimate business purposes, or as described in our Privacy Policy.

Termination does not limit any rights or remedies available to Topa under applicable law.

Sections of these Terms that by their nature should survive termination will survive, including but not limited to ownership provisions, disclaimers, limitations of liability, indemnification obligations, arbitration provisions, and governing law terms.

19. Electronic Communications

By using the Service, you consent to receive electronic communications from us, including:

notices;
updates;
disclosures;
support communications; and
legal communications.

Communications may be provided through the Service, by email, or through other electronic means.

20. Force Majeure

Topa shall not be liable for delays, interruptions, or failures caused by events beyond our reasonable control, including:

internet outages;
infrastructure failures;
cyberattacks;
labor disputes;
governmental actions;
natural disasters; or
failures of third-party providers.

21. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.

22. Dispute Resolution & Arbitration

Before initiating formal proceedings, you agree to contact us at hello@topaapp.com and attempt informal resolution.

If a dispute cannot be resolved informally within thirty (30) days, the dispute shall be resolved through binding arbitration administered by the American Arbitration Association under its applicable rules.

Arbitration shall take place in Florida unless otherwise required by law.

YOU WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS OR CLASS-WIDE ARBITRATION.

Nothing in this section prevents either party from seeking temporary injunctive relief in court where necessary.

If any portion of this arbitration provision is deemed unenforceable, the remaining portions shall remain enforceable to the fullest extent permitted by law.

23. Changes to These Terms

We may modify these Terms from time to time.

When changes are made, we will update the "Last Updated" date above. We may also provide notice through the Service or by other reasonable means.

Continued use of the Service after updated Terms become effective constitutes acceptance of the revised Terms.

24. Contact Us

Questions regarding these Terms may be directed to:

Topa App LLC

Florida, United States

hello@topaapp.com